Saturday, March 22, 2014

Jimenez v. Cañizares, 109 Phil 27

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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