Case Digest: Buccat vs Buccat

Topic: Consent obtained by fraud

Title: Buccat vs Buccat

Facts:

Godofredo Buccat and Luida Mangonon de Buccat met in March 1938, became engaged in September,

and got married in Nov 26.On Feb 23, 1939 (89 days after getting married) Luida, who was 9 months
pregnant, gave birth to a son. Godofredo left Luida and on March 23, 1939, he filed for an annulment of
their marriage on the grounds that when he agreed to married Luida, she assured him that she was a
virgin.

The Lower court decided in favor of Luida.

Issue:

Whether or not Luida’s concealment of her pregnancy constituted a ground for the annulment of
marriage

Ruling:

No. Clear and authentic proof is needed in order to nullify a marriage, a sacred institution in which the
State is interested. In this case, the court did not find any proof that there was concealment of
pregnancy constituting a ground for annulment; it was unlikely that Godofredo, a first-year law student,
did not suspect anything about Luida’s condition considering that she was in an advanced stage of
pregnancy when they got married.

SC affirmed the lower court’s decision.