Saturday, March 22, 2014

Villanueva v. CA, 505 SCRA 564

FACTS: In 1988, Orly married Lilia. In 1992, Orly filed an annulment case of their marriage on the ground that he was forced to marry Lilia becaue he received phone calls from a certain Ka Celso, a member of NPA, who threatened him to be killed if he won’t marry Lilia. He also claimed that he was defrauded by Lilia by making him believe that he was pregnant. Lilia denied these allegations, claiming Orly freely cohabitated with her and showed 14 letters as proof of Orly’s affection and care towards her.

ISSUE: Whether or not there really was fraud in obtaining Orly’s consent to marry Lilia


HELD: No. It is obvious that Orly seeks to annul his marriage because of a pending bigamy case filed by Lilia. Also, Orly’s contentions were not concretely established, taki8ng in consideration that he is a security guard who is knowledgeable of self-defense. His allegations that he never had an erection during their sexual intercourse is a lie. Also, it took him four years to file an action, which only supports Lilia’s contention that he freely cohabitated with her.

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