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Jimenez vs.

Canizares L-12790, August 31, 1960 FACTS: Joel Jimenez, the petitioner, filed a petition for the annulment of his marriage with Remedios Canizares on the ground that the orifice of her genitals or vagina was too small to allow the penetration of a male organ for copulation. t has e!isted at the time of the marriage and continues to e!ist that led him to leave the con"ugal home two nights and one da# after the marriage. The court summoned and gave a cop# to the wife $ut the latter did not file an# answer. The wife was ordered to su$mit herself to ph#sical e!amination and to file a medical certificate within %& da#s. She was given another ' da#s to compl# or else it will $e deemed lac( of interest on her part and therefore rendering "udgment in favor of the petitioner. SS)*: +hether or not the marriage can $e annulled with onl# the testimon# of the hus$and. ,*-.: The wife who was claimed to $e impotent $# her hus$and did not avail of the opportunit# to defend herself and as such, claim cannot $e convincingl# $e concluded. t is a well/ (nown fact that women in this countr# are sh# and $ashful and would not readil# and unhesitatingl# su$mit to a ph#sical e!amination unless compelled $# competent authorit#. Such ph#sical e!amination in this case is not self/incriminating. She is not charged with an# offense and li(ewise is not compelled to $e a witness against herself. mpotence $eing an a$normal condition should not $e presumed. The case was remanded to trial court.

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