FACTS: In 1953, Aurora
Anaya and Fernando Palaroan were married. In 1954, Palaroan filed an action for
annulment of their marriage on the ground that his consent was obtained through
force and intimidation. The petition was dismissed. Hence, marriage is
subsisting. Later on, Palaroan confessed that he had pre-marital relationship
with a close relative of his. Aurora claimed that the non-disclosure of such
pre-marital relationship constituted fraud in obtaining her consent. She prayed
for annulment of their marriage on such ground.
ISSUE: Whether or not
the non-disclosure of a husband to her wife of his pre-marital relationship is
a ground for annulment of marriage
HELD: No. It is not
enumerated in Family Code Art 46 that would constitute fraud as ground for
annulment. In the case at bar, the concealment of his previous relationship
does not constitute fraud and therefore would not warrant an annulment of
marriage.
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