Almelor vs RTC Of Las Pinas GR 179620, Aug.

26, 2008 Facts: The petitioner, Manuel Almelor married Leonida in 1989. Both of them are medical practitioners. They had 3 children. However 11 years later, Leonida filed a petition for the annulment of their marriage on the ground of psychological incapacity. She stated that her husband is a harsh disciplinarian to their children which caused them to habitually fight. Then, she also narrated that Manuel is a homosexual as evidenced by his peculiar closeness with his male friends and this was concealed to her prior to their marriage. She once caught Manuel talking to a man intimately over the phone. Subsequently, she saw Manuel kissing another man which confirmed all her fears. The RTC then ruled their marriage is null and void not because of Psychological Incapacity but rather due to fraud by reason of Manuels concealment of his homosexuality (Art 45 of the FC). The CA affirmed the RTCs decision. ISSUE: Whether or not the marriage between is void due to fraud by reason of Manuels concealment of his homosexuality. HELD: No. The marriage is not void due to fraud by reason of Manuels concealment of his homosexuality. The SC emphasized that homosexuality per se is not a ground to nullify a marriage. It is the concealment of homosexuality that would. In the case at bar however, it is not proven that Manuel is a homosexual. The lower court should not have taken the publics perception against Manuels sexuality. His peculiarities must not be ruled by the lower court as an indication of his homosexuality for those are not conclusive and are not sufficient enough to prove so. Even granting that Manuel is indeed a homosexual, there was nothing in the complaint or anywhere in the case was it alleged and proven that Manuel hid such sexuality from Leonida and that Leonidas consent had been vitiated by such.