AQUINO VS.

DELIZO
FACTS:

 The petitioner filed a complaint on September 6, 1955 complaint was dismissed on the
ground of fraud. The petitioner Fernando Aquino accused the defendant Conchita
Delizo of concealment of her pregnancy with another man at the date of their marriage.
The defendant claimed that the child was conceived out of lawful wedlock between her
and the plaintiff.
 During the trial, Provincial Fiscal Jose Goco represent the state in the proceedings to
prevent collusion.  Only Aquino testified and the only documentary evidence presented
was the marriage contract between the parties.  Delizo did not appear nor presented any
evidence.
 CFI-Rizal dismissed petitioner’s complaint for annulment of marriage, which was
affirmed by CA thus a petition for certiorari to review the decisions.

ISSUE:
If the concealment of pregnancy alleged by Aquino would constitute fraud and ground to
annul their marriage.

RULLING:
 In the following circumstances, the court remanded the case for new trial and decision
complaint is set aside.

 According to the civil code, with regard to the gravity of the matter to the marriage, any
the effects of copulation between man and woman and its concealment thereof, impact
heavily on the any relationship that is to ensue thereafter. The concealment by the wife
of the fact that at the time of the marriage, she was pregnant by a man other than her
husband constitutes fraud and is a ground for annulment of marriage.  Delizo was
allegedly to be only more than four months pregnant at the time of her marriage.  At this
stage, it is hard to say that her pregnancy was readily apparent especially since she was
“naturally plump” or fat.  It is only on the 6th month of pregnancy that the enlargement of
the woman’s abdomen reaches a height above the umbilicus, making the roundness of
the abdomen more general and apparent.