Buccat vs Buccat (1941)

Summary Cases:

● Buccat vs. de Buccat 72 Phil 19

Subject:

Fraud as Ground for Annulment of Marriage

Facts:

Godofredo Buccat filed a petition for the annulment of his marriage with the defendant Luida Buccat
Mangonon in the RTC Baguio City, on the ground that Godofredo consented to the marriage because
Luida said that she was a virgin.

According to the petition, Godofredo, a law student, met Luida in March 1938 and, after several meetings
(entravistas), they married on November 26 of the same year. On February 23, 1939, or 3 months after
the marriage, Luida gave birth to a son.

As a result of this, Godofredo abandoned his marital life with Luida and filed this petition to annul the
marriage with her on the ground of fraud. Specifically, Godofredo claims that Luida concealed her
pregnancy from him at the time of their marriage.

The trial court dismissed the petition finding no fraud was perpretrated.

Held:

No Fraud when No Deception Occurred

1. Indeed, it is improbable that Godofredo, a first year law student, had not even suspected the gravid
state of Luida as she was in the advanced pregnancy stage (around 6 months) at the time they were
married.

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2. Clear and convincing evidence is needed in order to nullify a marriage, a sacred institution in which
the State is interested and where society rests. In this case there is no such evidence.

[Note: Original case is in Spanish]

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