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Aquino v.

Delizo Fernando Aquino, petitioner Conchita Delizo, respondent Date: July 27, 1960 Facts: Conchita Delizo, at the date of her marriage to Fernando Aquino, on December 27, 1954, concealed from the latter the fact that she was pregnant by another man. Sometime in April, 1955, or about four months after their marriage, respondent gave birth to a child. Issue: Whether the respondents concealment of pregnancy a valid ground for annulment of marriage with petitioner Held: Yes Ratio: Under the new Civil Code, concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband constitutes fraud and is ground for annulment of marriage. Since Delizo was naturally plump, Aquino could not have known that she was four months pregnant at the time of the marriage. According to medical opinion, even on the fifth month of pregnancy, the enlargement of the woman's abdomen is still below the umbilicus and hardly noticeable. It is only on the sixth month of pregnancy that the roundness of the woman's abdomen becomes apparent.

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