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Gaudioso Tiongco v. Augustina Matig-a, G.R. No.

635-R July 12, 1947


This is an action for the annulment of a marriage contract ( exhibit A ) alleged to have been
celebrated between the plaintiff and the defendant on March 11, 1940, in the municipality of
Bilar, Province of Bohol, on the ground of duress and intimidation. After trial, the Court of First
Instance of Bohol declared the said marriage null and void. The defendant appealed.
Facts:
The plaintiff, Gaudioso Tiongco, 27 years old and a Civil Engineer at the Office of the District
Engineer in Batuan ,which is a municipality nine kilometers from Bilar- his hometown. He
resides at Tagbiliran in the house of Artemio Mendoza. The defendant , Augustina Matig-a , a 32
years old Home Economics teacher in the Rural High School in Bilar. From June 1939 up to
January 1940, the defendant lived in the same house with the school principal who was married
to a High School teacher in Tagbilaran. By February 1940, the principal had moved to Mindanao
and the defendant moved to another house in Bilar, which happens to be the house of plaintiff's
aunt.
The defendant's sister-in-law, and her brother-in-law persuaded Tiongco to marry the defendant
for the reason that she was pregnant, but Tiongco refused since he was not responsible for it.
Tiongco was advised by his chief to be careful of the defendant's brothers for they threatened
vengeance on him. On the same day, Tiongco filed for a leave and went to his native town in
Bilar.
Arriving to Tagbiliran ,Tiongco saw the brothers and the relatives of the defendant, though
Tiongco tried to avoid them along with his uncle Lutero Gallardo, they were still followed.
When plaintiff went into the house of Artemio Mendoza, the defendant's brothers were already
outside. Artemio , not knowing the situation, invited the brothers of the defendant including Agapito
Villanueva who was armed with a revolver and another relative who had a Batangas knife. Tiongco was
initially given an ultimatum by the defendant's sister-in-law , and the defendant's brothers insisted as
well that Tiongco marry her. Tiongco explained his refusal which angered the defendant's brothers,
prompting him to get into his room and secure himself his revolver. Artemio asked Tiongco to leave to
avoid bloodshed in his house.
When Tiongco got out , the Matig-a brothers held his arms and dragged him to their car,
Gallardo went with him. By twelve o'clock , they proceeded to Bilar at his aunt's house. When
plaintiff talked to his aunt about the situation, his aunt advised him to go on with the marriage,
since he can annul it after as what was written on a letter from defendant to his aunt.
He continued to resist. They escorted him to the municipal building. Agapito Villanueva pointed
the revolver at the back of plaintiff instructing him to sign the marriage contract. At long last he
signed the papers, but he whispered to the clerk that he did it against his will. Before leaving,
Tiongco asked the justice of the peace , not to register the papers.
When Tiongco got back to Tagbilaran, he sought advise from Judge Bernabe. He also went to the
fiscal and the District Engineer. He was advised to file a civil suit to annul the marriage.
Issue: Was the marriage valid and can it be annulled?
Ruling: The marriage was void ab initio and the marriage should, therefore, be annulled. While
it is true that It is the policy of the law to maintain the marriage ties (Article 1 of the Family
Code), but when the marriage is effected thru duress and intimidation, and without the consent
and against the will of one of the parties, there are no ties to be preserved. Under the second
paragraph of Article of 2 of the Family Code, no marriage shall be valid, unless consent is freely
given in the presence of the solemnizing officer and under Article four the absence of any
essential requisite shall render the marriage void ab initio. As for the marriage's nullity, under
Article 45(4) marriage may be annulled for any of the reason such as the consent of either party
obtained by force, intimidation or undue influence.

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