CD 121 G.R. No.

132955

ORLANDO VILLANUEVA, petitioner,

vs.
HON. COURT OF APPEALS and LILIA CANALITA-VILLANUEVA, respondents.

FACTS

● Orlando and Lilia Villanueva got married on April 13, 1988 in Puerto Princesa, Palawan.
● Orlando filed a petition for annulment of his marriage alleging that threats of violence and duress
forced him into marrying Lilia, who was already pregnant.
● Lilia prayed for the dismissal stating that the petitioner freely and voluntarily married her.
● Petitioner stayed with Lilia for almost a month after their marriage, wrote her letters, visited and
knew about her pregnancy which ended in their son’s being born prematurely.
● Private respondent also prayed for the payment of moral and exemplary damages, attorney’s fees
and costs.
● The trial court dismissed the petition which was affirmed by the CA.

ISSUE: W/o/N the subject marriage be annulled on the ground of vitiated consent?

W/o/N petitioner should be liable for moral and exemplary damages as well as attorney’s
fees and costs?

Held (1): NO. The court is not convinced that Orlando’s apprehension to danger was concretely
established and can deprive him of the will to marry Lilia. Given that he worked as a security guard in a
bank, he knew the rudiments of self defense because he stated that he has been receiving harassing phone
calls from the appellee. He didn’t ask for any assistance from his fellow security personnel regarding
those threatening him to keep him out of harm’s way. And neither did he also not inform the judge
beforehand solemnizing their marriage.

Held (2): DELETED. Lack of factual and legal basis. Nothing in the records in the appealed decision
would support an award for moral damages. As a private respondent is not entitled to moral damages, she
is not entitled to exemplary damages.

Doctrine:

ART. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that
he is entitled to moral, temperate or compensatory damages before the court may consider the question of
whether or not exemplary damages should be awarded. In case liquidated damages have been agreed
upon, although no proof of loss is necessary in order that such liquidated damages may be recovered,
nevertheless, before the court may consider the question of granting exemplary in addition to the
liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or
compensatory damages were it not for the stipulation for liquidated damages.