[ No. 47101 .

April 25, 1941 ]

GODOFREDO BUCCAT , plaintiff and appellant, against LUIDA Mangonon OF BUCCAT ,
demanded and appealed.
MARRIAGE ; Validity. - Marriage is a most sacred institution is the foundation upon which the
society. You can stop this are necessary clear and convincing evidence. In this case there are
no such evidence.
APPEAL from a judgment of the Court of First Instance of Baguio. Carlos, J.
The facts are stated in the Court's decision.
D. Feliciano Leviste , D. Thomas P. Panganiban and Mrs. N. Sotera Megia for appellant.
Doa Luida Mangonon of Buccat on its own behalf.
HORRILLENO , M .:
This matter has been raised to this superiority by the Court of First Instance of Baguio, since
only raises an issue purely of law.
The March 20, 1939 the plaintiff commenced the present case, where the defendant did not
appear, despite having been duly summoned. So, I allowed the applicant to submit its
evidence, the lower court ruled the case in favor of the defendant. Hence this appeal.
20
20
PHILIPPINE ANNOTATED REPORTS
Buccat vs. Buccat
The applicant seeks the annulment of his marriage with the defendant been Luida Buccat
Mangonon of the November 26, 1938, in Baguio City, on the ground that, in consenting to the
marriage, he did it because the defendant had assured him that she was virgin.
The decision of the lower court the following facts:
The claimant knew the defendant March 1938. After several interviews, both were committed
on 19 September of the same year. On 26 November the same year, the plaintiff married the
defendant in the Catholic cathedral in the city of Baguio. After living cohabiting for a period of
eighty-nine days the defendant gave birth to a child for nine months, on 23 February 1939. As
a result of this event, the plaintiff gave the defendant and did not make marital life it.
We see no reason to overturn the original ruling. Indeed, it is unlikely the appellant plaintiff's
claim and he had not even suspected the gravid state of the defendant, being this, as is
proved in pregnant condition well advanced. So there is no need to estimate the fraud
speaking the appellant. The allegations of this in the sense that it is not rare to find people
tuck developed, it seems puerile to deserve our consideration, especially as the applicant was
freshman of law.
Marriage is a most sacred institution: the foundation upon which the society. You can stop this
are necessary clear and convincing evidence. In this case there are no such evidence.
Finding the original ruling in accordance with law, it should be confirmed, as hereby confirm it,
in its entirety, with costs to the appellant. So it is ordered.
Avancea , Pres., Imperial , Diaz, and Laurel , JJ., concur.
It is confirmed the sentence. [Buccat vs. Buccat, 72 Phil. 19(1941)]