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    Buccat V Buccat 72 Phil. 19 (1941)

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    Jr Dela Cerna
    The appellant Godofredo Buccat sought to annul his marriage to the appellee Luida Mangonon de Buccat on the grounds that she had assured him she was a virgin when they married. However, Luida gave birth just 89 days after the marriage. The lower court ruled in favor of Luida. The appellate court found no clear evidence of fraud as the appellant would have noticed Luida's advanced pregnancy. Marriage is a sacred institution that requires clear, reliable evidence to annul, which was not present in this case. The appellate court confirmed the lower court's judgment.

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    Buccat V Buccat 72 Phil. 19 (1941)

    Uploaded by

    Jr Dela Cerna
    1K views1 page
    The appellant Godofredo Buccat sought to annul his marriage to the appellee Luida Mangonon de Buccat on the grounds that she had assured him she was a virgin when they married. However, Luida gave birth just 89 days after the marriage. The lower court ruled in favor of Luida. The appellate court found no clear evidence of fraud as the appellant would have noticed Luida's advanced pregnancy. Marriage is a sacred institution that requires clear, reliable evidence to annul, which was not present in this case. The appellate court confirmed the lower court's judgment.

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    Translated from the original Spanish text

    Original Title

    Buccat v Buccat 72 Phil. 19 (1941)

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    The appellant Godofredo Buccat sought to annul his marriage to the appellee Luida Mangonon de Buccat on the grounds that she had assured him she was a virgin when they married. However, Luida gave birth just 89 days after the marriage. The lower court ruled in favor of Luida. The appellate court found no clear evidence of fraud as the appellant would have noticed Luida's advanced pregnancy. Marriage is a sacred institution that requires clear, reliable evidence to annul, which was not present in this case. The appellate court confirmed the lower court's judgment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views1 page

    Buccat V Buccat 72 Phil. 19 (1941)

    Uploaded by

    Jr Dela Cerna
    The appellant Godofredo Buccat sought to annul his marriage to the appellee Luida Mangonon de Buccat on the grounds that she had assured him she was a virgin when they married. However, Luida gave birth just 89 days after the marriage. The lower court ruled in favor of Luida. The appellate court found no clear evidence of fraud as the appellant would have noticed Luida's advanced pregnancy. Marriage is a sacred institution that requires clear, reliable evidence to annul, which was not present in this case. The appellate court confirmed the lower court's judgment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    GODOFREDO BUCCAT, applicant and appellant, against LUIDA MANGONON DE BUCCAT,

    defendant and appellee.

    MARRIAGE; VALIDITY.Marriage is a sacred institution: it is the foundation on which society


    rests. To clear it, clear and reliable evidence is needed. There is no such evidence in this case.

    APPEAL against a judgment of the Court of First Instance of Baguio. Carlos, J.


    The facts are listed in the Court's decision.
    D. Feliciano Leviste, D. Toms P. Paganiban and Mrs. Sotera N. Megia in representation of the
    appellant.
    Mrs. Luida Mangonon of Buccat in her own representation.

    HORRILLENO, M .:

    This case has been raised to this Superiority by the Court of First Instance of Baguio, since it
    raises only a matter of purely law.
    On March 20, 1939, the plaintiff initiated the present case, in which the defendant did not appear,
    despite having been duly summoned. As a result, when the plaintiff was allowed to present his evidence,
    the lower court ruled in favor of the defendant. Hence this appeal.
    The plaintiff seeks annulment of his marriage to the defendant Luida Mangonon de Buccat on
    November 26, 1938, in the City of Baguio, on the ground that, by consenting to that marriage, he did so
    because the defendant had assured her that she was a virgin.
    From the decision of the lower court, the following facts arise:
    The complainant met the defendant in March 1938. After several interviews, both were
    committed on September 19 of the same year. On November 26 of the same year, the plaintiff married the
    defendant in the Catholic Cathedral of the City of Baguio. After marital living for eighty-nine days, the
    defendant gave birth to a nine-month-old boy, on February 23, 1939. As a result of this event, the plaintiff
    left the defendant and did not return to marital life with her.
    We see no reason to revoke the judgment appealed. The plaintiff's and appellant's allegation is
    implausible that he had not even suspected the defendant's pregnant condition, which is, as has been
    proved, in very advanced pregnancy. So there is no place to estimate the fraud of which the appellant
    speaks. The allegation that it is not uncommon to find persons of the abdomen developed seems childish
    to deserve our consideration, all the more so since the plaintiff was a freshman.
    Marriage is a sacred institution: it is the foundation on which society rests. To clear it, clear and
    reliable evidence is needed. There is no such evidence in this case.
    Finding the appellate judgment adjusted to law, must be confirmed, as we hereby confirm, in all
    its parts, with the costs to the appellant. This is how it is ordered.
    Avancea, Pres., Imperial, Daz, and Laurel, MM., are satisfied.
    The sentence is confirmed.

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