ALMELOR v RTC LAS PINAS

Aug 26, 2008 | Reyes, R.T.,J.

Grounds for Annulment: Fraud

DOCTRINE: It is the concealment of homosexuality, and not homosexuality per se, that vitiates the
consent of the innocent party.

CASE SUMMARY: Manuel and Leonida were married. Leonida filed a petition to annul the marriage due
to psychological incapacity. She alleges Manuel is a homosexual. RTC Las Pinas grants the nullification
due to fraud, not psychological incapacity. SC ruled it is the concealment and not homosexuality per se that
is ground for annulment. It was not proven that Manuel is a homosexual and he tried to conceal this at the
time of their marriage.

FACTS:
January 29, 1989 Manuel Almelor (anesthesiologist) and Leonida Trinidad (pediatrician)
married at the Manila Cathedral. They had three children.
After 11 years, Leonida filed with Las Pinas RTC a petition to annul marriage on the ground of
psychological incapacity
o Manuel concealed his homosexuality.
o Manuel was close to his male companions and was caught by Leonida in a telephone
conversation manifesting his affection for the male caller.
o She found homosexual pornography in his possession.
o She caught him kissing another man on the lips, Dr. Nograles.
Manuel denied all allegations. According to him, he avoids females because of Leonidas excessive
jealousy. Leonida fabricated all the stories on his sexual preference.
RTC marriage nullified due to FC 45(3), vitiated consent by virtue of fraud, not FC 36
(Psychological incapacity). Marriage is a special contract exclusively only between a man and a
woman.
CA affirmed in toto

ISSUE: W/N the marriage should be annulled due, exclusively, to Manuels homosexuality NO
RULING:

Concealment of homosexuality is the proper ground to annul a marriage, not homosexuality

per se.
The concealment is what vitiates the consent and shows intent to defraud the other party.
However, there was no sufficient proof to substantiate the allegations that Manuel is a
homosexual and he concealed this at the time of their marriage.
o Even before his marriage, Leonida knew that even Manuels close friends doubted his
true sexual preference.
o RTC wrongly interpreted Manuels peculiarities (meticulousness in folding the bed, being
more authoritative in knowing what clothes or jewelry fit Leonia) as homosexuality.
Should concealment be proven, marriage should only be annulled, nut nullified.

DISPOSITION: Petition granted.