Ruiz vs.

Atienza

Facts:

Ruiz requested for an annulment of his marriage with Atienza on the grounds that his
consent was given under duress. The two are sweethearts, then Atienza bore a child
as Ruiz as the father. Atienzas father came to Ruiz boarding house along with his
cousin who is a lawyer, and informed him if he will not marry his daughter he will not be
able to take the bar exam. He was threatened and marry Atienza.

Issue:

Whether or not the case is voidable on the grounds that his consent was given under
duress

Held:

H e l d : P e t i t i o n c a n n o t b e g r a n t e d b e c a u s e t h e petitioner had several

chances of escape before the marriage and because his wife bore his own child.
W h e r e a m a n m a r r i e s u n d e r t h r e a t o f o r constrain from lawful prosecution for
seduction or bastardy, h e c a n n o t a v o i d m a r r i a g e o n t h e ground of
duress. Proof of bodily harm must be sufficiently shown. Threat to obstruct
admission to the bar does not constitute duress. Only if the threat is so grave that the
person is not acting in his own freewill that a marriage becomes void.