Buccat vs Buccat

No. 47101
April 25, 19441
Ponente: Horrileno, M.
FACTS:
Godofredo Buccat and Luida Mangonon de Buccat met each other on March 1938.
They got engaged by September 19, 1938 and got married on November 26, 1938.
Counting eighty-nine days (89) from day of marriage, Luida Mangonon gave birth to
a child who completed gestation.
Petitioner claims that his wife concealed said pregnancy from him and that there
was no chance that the child was his since they did not have sexual intercourse. He
also claims that before the marriage, he was assured by the defendant of her
virginity. These factors, as per petitioner, constitute fraud hence his appeal for
annulment.
ISSUE:
WON the alleged concealment of pregnancy accounts for fraud to nullify the
marriage
HELD:
No.
RATIO:
According to the court, it is impossible for the petitioner to not have noticed the said
pregnancy. Given the petitioners stature and educational background (first year law
student), it is rather absurd and childish to think that mere plumpness was
attributed to being fat as opposed to actual pregnancy. Counting back the days, it
can be noted that the defendant was already seven months pregnant during the
wedding something that couldnt have been concealed as petitioner claims.
In order for fraud to nullify a marriage, it must be supported by clear and authentic
proof. The court did not find any in the said case.

Case was in Spanish. Had to rely on Digests and Translations available online.
Sites:
http://thedigester.blogspot.com/2011/10/buccat-v-buccat-1941_23.html
https://www.scribd.com/doc/165721359/Buccat-v-Buccat-72-Phil-49