Jimenez vs. Canizares
L-12790, August 31, 1960
Joel Jimenez, the petitioner, filed a petition for the annulment of his marriage with Remedios Canizares on the ground that the orifice of her genitals or vagina was too small to allow the penetration of a male organ for copulation. It has existed at the time of the marriage and continues to exist that led him to leave the conjugal home two nights and one day after the marriage. The court summoned and gave a copy to the wife but the latter did not file any answer. The wife was ordered to submit herself to physical examination and to file a medical certificate within 10 days. She was given another 5 days to comply or else it will be deemed lack of interest on her part and therefore rendering judgment in favor of the petitioner.
ISSUE: Whether or not the marriage can be annulled with only the testimony of the husband.
The wife who was claimed to be impotent by her husband did not avail of the opportunity to defend herself and as such, claim cannot be convincingly be concluded. It is a well-known fact that women in this country are shy and bashful and would not readily and unhesitatingly submit to a physical examination unless compelled by competent authority. Such physical examination in this case is not self-incriminating. She is not charged with any offense and likewise is not compelled to be a witness against herself. Impotence being an abnormal condition should not be presumed. The case was remanded to trial court.