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Buccat v Buccat (1941)

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

Facts:
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.

Issue:
Should the annulment for Godofredo Buccats marriage be granted on the
grounds that Luida concealed her pregnancy before the marriage?

Held:
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 pregnancyconstituting fraud as a ground for annulment. It was unlikely
that Godofredo, a first-year law student, did not suspect anything about
Luidas condition considering that she was in an advanced stage of
pregnancy (highly developed physical manifestation, ie. enlarged
stomach ) when they got married.

Decision:
SC affirmed the lower courts decision. Costs to plaintiff-appellant











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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 47101 April 25, 1941

GODOFREDO BUCCAT, plaintiff-appellant,
vs.
LUIDA MANGONON DE BUCCAT, defendant-respondent.


HORRILLENO, J.:

This issue has been raised to this superiority by the Court of First Instance of Baguio, as
only raises a question purely of law.

On March 20, 1939 the plaintiff inico the present case, in which the defendant failed to
appear, despite having been duly summoned. Therefore, allowed the plaintiff to present
evidence, the lower court decision, the matter in favor of the defendant. Hence this
appeal.

The applicant requests the annulment of their marriage had with the defendant Luisa
Buccat Mangonon of the November 26, 1938, in Baguio City, the grounds that, in
consenting to the marriage, he did so because the defendant had assured him that she
was virgin.

In the lower court's decision reveals the following facts:

The plaintiff met the defendant in March 1938. After several interviews, both were
committed on 19 September of that year. On 26 November the same year, the plaintiff
married the defendant in the Catholic catedrla Baguio City. Desoues of living maritally
for the space of eighty-nine days, the defendant gave birth to a child of nine months,
the February 23, 1939. Following this event, the plaintiff abandoned the defendant and
did not return to do with her marital life.

We do not see any reason to vacate the judgment appealed. Indeed, it is improbable the
plaintiff's allegation that the appellant and had not even suspected the gravid state of
the defendant, being this, as has been proven, highly advanced in pregnant condition.
Therefore not necessary to estimate the fraud that speaks the appellant. He argued for
this in the sense that countries not uncommon to find people of the abdomen
developed, it seems childish to merit our consideration, especially as the applicant was a
freshman in law.

Marriage is a most sacred institution: it is the foundation on which society rests. You can
stop this are necessary to clear and reliable. In this case no such evidence.

Finding the judgment appealed in accordance with law, must be confirmed, as
confirmed by the present, in all its parts, with costs against the appellant. So ordered.