JOSE RUIZ, plainti an! app"llant, #$. %E&'(I' ')IENZ', !"*"n!ant an! app"ll"". EN(ZON, J.+ ,O-)RINE+ The provision of the Marriage Law (Sec. 30, Act No. 3613) referring to "force" or "vioence" as gro!n" of ann!#ent of #arriage, "oes not see# to inc!"e #ere inti#i"ation, at east where it "oes not in ega e$ect a#o!nt to force or vioence. .'-)S+ 1. This is an appea fro# a "ecision of the Mania %o!rt of &irst 'nstance "en(ing painti$)s "e#an" for the ann!#ent of his #arriage with "efen"ant contracte" on Nove#*er 1+, 1,3-, with a the o!twar" ega for#aities. /. .revio!s to &e*r!ar(, 1,3-, /ose 0!i1 an" .eagia Atien1a, *oth singe, were sweethearts. 0. Loving perhaps too we, she aowe" hi#, in a #o#ent of wea2ness, to have his wa(, with the res!t that nine #onths ater she *eca#e an !n#arrie" #other. 4. After the *a*()s *irth, i. e., on Nove#*er 1+, 1,3-, .eagia)s father /ose Atien1a, Att(. 3iavicencio (her co!sin4in4aw), an" three other persons visite" /ose 0!i1 at the *oar"ing ho!se where he ive", in 5regon street. 5. The( re6!este", an" after so#e "isc!ssion, convince" hi# to #arr( .eagia. 6. 7ith his co!sin Afre"o As!ncion, he went with /ose Atien1a an" co#panions to Tan"!a( street, where .eagia was iving8 1. fro# there the part(, 9oine" *( .eagia an" others, went to the Agipa(an ch!rch at Maria %ara street, Mania, th"n proc""!"! to $"c2r" a 3arria4" lic"n$", an! lat"r r"t2rn"! to th" $a3" '4lipa5an ch2rch 6h"r" th" 3arria4" 6a$ c"l"7rat"! in th" "#"nin4. 8. &o!r "a(s ater, aeging that he ha" *een force" into we"oc2, /ose 0!i1 *ro!ght this s!it to sec!re its avoi"ance. 9. :is co!nse has )"ra#ati1e" the visit of /ose Atien1a an" co#panions, an" the "pans" "rawn to force /ose 0!i1 into the #arriage, /ose)s passive an" "owncast attit!"e, a in an e$ort to #aintain the proposition that /ose 0!i1 went with the# that afternoon "convince"" *( the foowing "arg!#ents"; a. the threats of the father s!pporte" *( his "*aisong"8 *. the !nveie" inti#i"ation *( Att(.3iavicencio that if he wo!" not #arr( .eagia Atien1a, he wo!" have "i<c!t( when he wo!" ta2e the *ar e=a#inations *eca!se, as he sai", #an( have *een re9ecte" a"#ission to the *ar on the gro!n" of i##orait(8 an" c. the pro#ise of Att(. 3iavicencio that 0!i1 wo!" *e ph(sica( "safe" if he wo!" go with the#. 'SS>?; 7@N /ose 0!i1 was inti#i"ate" into #arr(ing .eagia Atien1aA :?LB; NoC 1. As to the Drst, it appears that in the co!rse of the conversation "!ring the visit, 0!i1 #a"e the state#ent that he co!" not #arr( .eagia *eca!se he was area"( a #arrie" #an. /. This so aro!se" /ose Atien1a that he gra**e" 0!i1) nec2tie, e=cai#ing; "So (o! #ean to foo #( "a!ghterC" 0. Those present intervene" 6!ic2(, an" the "isp!te stoppe". 4. The Eare of anger is easi( !n"erstan"a*e. 5. 82t it i$ not $29ci"ntl5 "$ta7li$h"! that Jo$" 'ti"n:a !i$pla5"! an5 ;7ali$on4;, or 3a!" an5 thr"at a4ain$t th" li*" o* R2i:. 6. 'n fact, on( a one4an"4a4haf4inch 2nife was fo!n" in his possession *( the poice#an who# the co#panions of 0!i1 cae" !pon seeing what the( *eieve" to *e the *eginning of tro!*e. 1. '$ to th" thr"at to o7$tr2ct hi$ a!3i$$ion to th" 8ar, 75 <lin4 char4"$ a4ain$t hi3 *or i33oralit5, th" a2thoriti"$ ar" 2nani3o2$ that it i$ not $2ch a !2r"$$ a$ to con$tit2t" a r"a$on *or ann2lin4 th" 3arria4". 8. F F F an" where a #an #arries !n"er the threat of, or constraint fro#, a awf! prosec!tion for se"!ction or *astar"(, he cannot avoi" the #arriage on the gro!n" of "!ress8 F F F. 9. '$ to th" pro3i$" 75 'tt5. =illa#ic"ncio, it i$ appar"nt that 6h"n !"*"n!ant 6a$ in#it"! to 4o 6ith th"3 an! 3arr5 %"la4ia, h" ha! $o3" *"ar$ that h" 3i4ht 7" $27>"ct"! to 7o!il5 har3 in r"taliation *or th" !i$honor in?ict"! 2pon h"r *a3il5. 1@. &or this reason, he ha" to *e ass!re" *( 3iavicencio that he wo!" *e safe if he went with the#. 11. &ro# this state#ent, we cannot infer what appeantGs attorne( wo!" cever( infer, i.e., that 0!i1 wo!" not *e safe if he "i" not foow the#. 1/. Appeant 6o2l! 3aA" it app"ar that that a*t"rnoon R2i: 6a$ practicall5 Ai!napp"! *( .eagia)s reatives !nti after the #arriage cere#on(. a. )hat cannot 7" tr2". *. :e ha" #an( occasions to escape, as pointe" o!t in appeee)s *rief. c. :e ha" co#panions in the ho!se who# he co!" have as2e" for hep. ". There was even the poice#an. 10. Now, consi"ering that the aw pres!#es strong( the vai"it( of #arriage once the for#a cere#onies have *een co#pete", we are e" to the conc!sion that atho!gh painti$ #a( not have oo2e" !pon the cere#on( as the happ( c!#ination of (o!thf! ro#ance, sti the evi"ence "oes not warrant a prono!nce#ent that his consent to it was o*taine" thro!gh force or inti#i"ation. 14. 'n"ee", we #a( a"vert to the provision of the Marriage Law which, referring to "force" or "vioence", "oes not see# to inc!"e #ere inti#i"ation, at east where it "oes not in ega e$ect a#o!nt to force or vioence. 15. At an( rate, it is !nnecessar( to pass on the e$ect of this ega "istinction. 16. &or even tho!gh appeant has presente" his case in the *est possi*e ight, (et appeee)s attorne( has s!ccessf!( #et the iss!es, !pho"ing the 9!"ge)s conc!sion of fact that neither vioence nor "!ress atten"e" the #arriage cee*ration. /!"g#ent a<r#e", with costs against the appeant. So or"ere"
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