FACTS: Petitioner and
respondent were married in 1950. In 1955, Joel filed for annulment on grounds
that his wife, Remedios, is impotent because her genitals were too small for
copulation and such was already existing at the time of the marriage. Remedios
was summoned to answer the complaint but she refused to do so. She was also
ordered to have herself be checked by an expert to determine if her genitals
are indeed too small for copulation. Remedios again refuse.. The trial was
heard solely on Joel’s complaint.
ISSUE: Whether or not
Remedios’ impotency has been established.
HELD: Impotency of
Remedios cannot be deemed established. Her refusal to submit herself for
examination was natural for women in this country are shy and bashful.
Impotency being not presumed led the SC to rule for the presumption of potency.
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