Petitioner
Republic
Respondent
Villacorta
Citation
G.R. No. 249953
Court
Supreme Court
Decided
June 23, 2021

Whether marriage can be annulled for fraud under Family Code Article 45(3) and 46(2) when wife concealed that child was sired by another man, but…

Summary

Supreme Court case involving marriage annulment based on alleged fraud where wife concealed that husband was not biological father of child born before their marriage. The RTC granted annulment and CA upheld by dismissing Republic's appeal for procedural reasons. The Supreme Court reversed, holding that Family Code Article 46(2) requires concealment of pregnancy at the time of marriage, not pre-marital pregnancy. Since the child was already three years old when the couple married, the wife was not pregnant during marriage, making the fraud provision inapplicable. The Court emphasized the restrictive nature of marriage annulment grounds and the state's interest in marriage permanency, ultimately dismissing the annulment petition and affirming that not all fraudulent acts can serve as grounds for marriage annulment.

Statutes applied

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