Sunday, October 23, 2011

Buccat v Buccat (1941)

Buccat v. Mangonon de Buccat
April 25, 1941
Appeal from a decision of the Court of First Instance of Baguio.

Godofredo Buccat and Luida Mangonon de Buccat met in March 1938, became engaged in September, and got married in Nov 26.
On Feb 23, 1939 (89 days after getting married) Luida, who was 9 months pregnant, gave birth to a son. After knowing this, Godofredo left Luida and never returned to married life with her.
On March 23, 1939, he filed for an annulment of their marriage on the grounds that when he agreed to married Luida, she assured him that she was a virgin.
The Lower court decided in favor of Luida.

Should the annulment for Godofredo Buccat’s marriage be granted on the grounds that Luida concealed her pregnancy before the marriage?   

No. Clear and authentic proof is needed in order to nullify a marriage, a sacred institution in which the State is interested and where society rests.
In this case, the court did not find any proof that there was concealment of pregnancy constituting fraud as a ground for annulment. It was unlikely that Godofredo, a first-year law student, did not suspect anything about Luida’s condition considering that she was in an advanced stage of pregnancy (highly developed physical manifestation, ie. enlarged stomach ) when they got married.

SC affirmed the lower court’s decision.  Costs to plaintiff-appellant

No comments:

Post a Comment