Eigenmannn V Guerra

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Eigenmannn v. Guerra, 5 C.A. Rep.

836 (1964) May 11, 1964

Court of First Instance dismissed the case

Eduardo Eigenmann, plaintiff and appellant Maryden Guerra and Froilan Guerra,
defendants and appellees

Facts:

Issues:

WON Eigenmann and Guerras marriage could be annulled based on the fact that Eigenmann was at

1957 Eigenmann (actor singer) met Maryden(dancer in the theatre) in Clover Theatre Manila;
afterwards the two fell in love and decided to get married.

October 25, 1957 They filed applications for a marriage license where Eigenmann stated that he was
25 years old and was born on February 17, 1932.

November 3, 1957 - Eigenmanns parents and Marydens parents discussed the marriage

November 5, 1959 Eigenmann and Maryden were married by Judge Prudencio Encomienda of the

the time of execution of marriage was more than 16 years old and less than 20 years old.

WON Guerras fathers action towards Eigenmann is tantamount to forcing him to marry his daughter
hence consent was not freely given.

WON a marriage licence wrongfully obtained could invalidate a marriage.

WON Eigenmann was provided with parental consent to enter such contract.

Ratio:

Municipal Court of Quezon City


No. During the application for a marriage license, Eigenmann presented himself to be over 25 years
They lived in the house of Marydens parents for a year and transferred to the house of Eigenmanns

old; thus, under the doctrine of estoppel, he coulndt assert otherwise.

mother and stayed there for 3 or 4 months


No. The remark made by Froilan Guerra against Eigenmann could not be considered as a threat
August 29, 1959 Eigenmann filed a case for the annulment of his marriage to Guerra on the following
grounds:

because it was only an admonition thus there was no reasonable fear that would force Eigenmann to
marry Maryden.

He was more than 16 but less than 20 years old upon the execution of the marriage and was not given
the consent of his mother to enter such contract.

Eigenmanns consent was obtained through threats made by Froilan Gueera, Marydens father.

Applications for marriage license were sworn before an officer not legally authorized to administer

No. The marriage license is valid even if the applications were sworn before an unauthorized officer
because the law states that marriages solemnized without a marriage license are the ones declared to
be void.

No. The remark made by Froilan Guerra against Eigenmann could not be considered as a threat
because it was only an admonition thus there was no reasonable fear that would force Eigenmann to

oaths

marry Maryden.
Defendants denied the allegations:
Yes. The mere presence of Eigenmanns mother during the celebration implies that consent was given
Eigenmann presented himself to be over 25 years old

by a parental authority.

Eigenmanns mother was present during the ceremony

Decision of the lower court is affirmed.

Eigenmann should not now be permitted to excuse himself from his marital obligation to

preserve the institution of marriage

Cha Latorre

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