Aquino vs Delizo

Doctrine: Concealment of pregnancy before marriage constitutes for Fraud which is

a ground for Annulment
Plaintiff & Appellees: Fernando Aquino
Defendant & Appellant: Conchita Delizo
Date:
Pontente:
Summary:
Fernando Aquino married Conchita Delizo,
who four months after celebration of
marriage, gave birth. Husband filed for
annulment based on fraud. SC ruled for the
annulment since he could not have known
that she was pregnant at the time of the
marriage because at 4 months, it was
barely noticeable and the fact that the wife
withheld such information constitutes to
fraud.
Facts:
1. Aquino filed a complaint for annulment
of marriage with Delizo, on the grounds
of fraud, wherein Delizo concealed from
Aquino the fact that she was pregnant
by another man during their marriage
on December 27, 1954, and sometime
in April 1955, gave birth to Catherine
Aquino.
2. RTC dismissed complaint due to nonpresentation of evidence.

3. Court of Appeals affirmed RTCs ruling,

saying that it was not impossible for
plaintiff and defendant to have had
sexual intercourse during their
engagement so that the child could be
their own, and that it was impossible
that Aquino could not have
noticed/suspected that Delizo was
pregnant when they got married.
Issue:
1. WON the marriage can be annulled on
the grounds of the concealment of
pregnancy by another man at the time of
marriage?
Held:
Yes. Since she is naturally plump, Aquino
could not have known that she was four
months pregnant since according to
medical opinion, it is only on the sixth
month of pregnancy that pregnancy
becomes apparent. As such, it is
considered fraud and the marriage was
annulled.

Provision/s:
Ratio:

1/2
Digest by: Enzo Mendoza|| Group 4 || I-B 2017