Jocson v.

Robles
G.R. No. L-23433 February 10, 1968 Ponente: Reyes, J.B.L., TOPIC: No
J. Confession of
Judgment
Recit Summary:

Facts:

Plaintiff Jocson filed an action for annulment of her marriage with defendant Robles on the
ground that it was bigamous. It was alleged in the complaint that previous to his marriage
with the plaintiff, the defendant had first contracted marriage with a certain Fausto, who had
instituted a criminal action for bigamy against him. In his answer, the defendant also assailed
the validity of the marriage and charged the plaintiff’s parents with having compelled him by
force, threat, or intimidation, to contract the marriage with the plaintiff, notwithstanding their
knowledge that he is a married man. Defendant then filed a motion for summary judgment, on
the ground that no genuine issue of fact is involved in the case. He contended that his
consent was secured by force and intimidation employed by the relatives of the
plaintiff, was allegedly supported by the joint affidavit of plaintiff’s father and
brother. Plaintiff, on the other hand, submitted the case for judgment on the pleadings.

The defendant’s motion for summary judgment was denied by the court ruling that before it
can pass upon plaintiff’s prayer for declaration of nullity of her marriage to defendant, there is
necessity for proof that when he contracted marriage to plaintiff, defendant had a previous
and subsisting marriage. Defendant’s plea to have his marriage declared as having been
brought about by force and intimidation was also denied because the court found indications
of collusion between the parties to secure nullification of the marriage. The reconsideration
was likewise denied. The court directed the dismissal of the action.

Defendant’s appeal to the court was approved.

Issue: Dispositive:

Whether or not the joint affidavits of the The proceeding is hereby DISMISSED.
plaintiff’s father and brother constitute a
confession of judgment that would merit the
annulment of the marriage.
Held:

On the merits, we are satisfied that the court correctly denied the motion for summary
judgment in view of the first paragraph of Articles 88 and 1011 of the Civil Code of the
Philippines, that expressly prohibit the rendition of a decree of annulment of a marriage upon
stipulation of facts or a confession of judgment. The affidavits of the plaintiff’s father and
brother amounts to such prohibition.