Anaya v. Palaroan Nov. 26, 1970, Reyes, JBL, J.

Facts: After one month of marriage to Anaya, Fernando Palaroan filed a complaint to annul it on the ground that his consent was obtained through force and intimidation. Complaint was dismissed. However, during the negotiation of the amount from Anayas counterclaim, Fernando allegedly divulged that several months prior to the marriage, he had pre marital relationships with a close relative. Anaya filed suit to annul on the ground that the marriage solemni!ed between them constituted fraud in obtained her consent. Fernando denied the allegation and counter claimed for damages for the malicious filing of the suit" he did not pray for a dismissal of the complaint but its dismissal #with respect to the alleged moral damages.$ Aurora replied stating that Fernando had no intention of performing his marital duties and obligations since the marriage was contracted as a means for him to escape marrying the close relative that was intimated above. %ssue: &'( the non disclosure to a wife by her husband of his pre marital relationship with another woman is aground for annulment of marriage. Held)*atio: (o. Fraud is e+plicitly defined by Article ,- of the CC. And also states that #no other misrepresentation or deceit.$ shall constitute fraud that will give grounds for the annulment of marriage.