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    Buccat vs. Buccat

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    Rey-Ann Marin
    This case involves an appeal of a marriage annulment ruling. The applicant sought to annul his marriage to the defendant on the grounds that she assured him she was a virgin when they married. However, the defendant gave birth just 89 days after the marriage. The lower court ruled against annulling the marriage. The Supreme Court confirms the lower court's ruling, finding the applicant's claim of being unaware of the defendant's pregnancy state to be improbable given how advanced it was. The court found there was insufficient clear evidence presented to annul the sacred institution of marriage.

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    Buccat vs. Buccat

    Uploaded by

    Rey-Ann Marin
    70 views1 page
    This case involves an appeal of a marriage annulment ruling. The applicant sought to annul his marriage to the defendant on the grounds that she assured him she was a virgin when they married. However, the defendant gave birth just 89 days after the marriage. The lower court ruled against annulling the marriage. The Supreme Court confirms the lower court's ruling, finding the applicant's claim of being unaware of the defendant's pregnancy state to be improbable given how advanced it was. The court found there was insufficient clear evidence presented to annul the sacred institution of marriage.

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    This case involves an appeal of a marriage annulment ruling. The applicant sought to annul his marriage to the defendant on the grounds that she assured him she was a virgin when they married. However, the defendant gave birth just 89 days after the marriage. The lower court ruled against annulling the marriage. The Supreme Court confirms the lower court's ruling, finding the applicant's claim of being unaware of the defendant's pregnancy state to be improbable given how advanced it was. The court found there was insufficient clear evidence presented to annul the sacred institution of marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views1 page

    Buccat vs. Buccat

    Uploaded by

    Rey-Ann Marin
    This case involves an appeal of a marriage annulment ruling. The applicant sought to annul his marriage to the defendant on the grounds that she assured him she was a virgin when they married. However, the defendant gave birth just 89 days after the marriage. The lower court ruled against annulling the marriage. The Supreme Court confirms the lower court's ruling, finding the applicant's claim of being unaware of the defendant's pregnancy state to be improbable given how advanced it was. The court found there was insufficient clear evidence presented to annul the sacred institution of marriage.

    Copyright:

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

    Republic of the Philippines

    SUPREME COURT
    Manila

    EN BANC

    GR No. 47101 April 25, 1941

    GODOFREDO BUCCAT, applicant-appellant,


    v.
    LUKE MANGONON OF BUCCAT, defendant-appealed.

    D. Feliciano Leviste, D. Tomas P. Panganiban and Mrs. Sotera N. Megia in representation of the appellant.
    Mrs. Luida Mangonon of Buccat in her own representation.

    HORRILLENO, J .:

    This case has been elevated to this Superiority by the Court of First Instance of Baguio, since it only raises a question purely of right.

    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 applicant seeks the annulment of his marriage to the defendant Luida Mangonon de Buccat on November 26, 1938, in the City of
    Baguio, on the grounds that, by consenting to the said marriage, he did so because the defendant had assured her that she was 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
    26 November of the same year, the plaintiff married the defendant in the Catholic cathedral of the City of Baguio. Desoues to live
    together for a period of 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 abandoned the defendant and did not return to marital life with she.

    We see no reason to revoke the judgment appealed. In fact, the plaintiff's and appellant's allegation that the defendant and appellant had
    not even suspected the pregnant state of the defendant is improbable, as it is proven, 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, especially since the plaintiff was a first-year student of law.

    Marriage is a sacratistical 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. That is how it is commanded.

    Avanceña, Pres., Imperial, Diaz and Laurel, MM., Are satisfied.

    The Lawphil Project - Arellano Law Foundation

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