April 10, 2011

Aquino vs Delizo

Aquino vs. Delizo
109 Phil 21


Fernando Aquino filed a complaint in September 1955 on the ground of fraud against Conchita Delizo that at the date of her marriage with the former on December 1954, concealed the fact that she was pregnant by another man and sometime in April 1955 or about 4 months after their marriage, gave birth to a child.  During the trial, Provincial Fiscal Jose Goco represent the state in the proceedings to prevent collusion.  Only Aquino testified and the only documentary evidence presented was the marriage contract between the parties.  Delizo did not appear nor presented any evidence.

CFI-Rizal dismissed petitioner’s complaint for annulment of marriage, which was affirmed by CA thus a petition for certiorari to review the decisions.

ISSUE: Whether or not concealment of pregnancy as alleged by Aquino does not constitute such fraud as would annul a marriage.


The concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband constitutes fraud and is a ground for annulment of marriage.  Delizo was allegedly to be only more than four months pregnant at the time of her marriage.  At this stage, it is hard to say that her pregnancy was readily apparent especially since she was “naturally plump” or fat.  It is only on the 6th month of pregnancy that the enlargement of the woman’s abdomen reaches a height above the umbilicus, making the roundness of the abdomen more general and apparent.

In the following circumstances, the court remanded the case for new trial and decision complained is set aside.  

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