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. It has existed at the time of the marriage and continues to exist that led him to leave
the conjugal home two nights and one day after the marriage. The court summoned and gave a copy to
the wife but the latter did not file any answer. The wife was ordered to submit herself to physical
examination and to file a medical certificate within 10 days. She was given another 5 days to comply or
else it will be deemed lack of interest on her part and therefore rendering judgment in favor of the
petitioner.

ISSUE:
Whether or not the marriage can be annulled with only the testimony of the husband.

HELD:
The wife who was claimed to be impotent by her husband did not avail of the opportunity to defend
herself and as such, claim cannot be convincingly be concluded. It is a well-known fact that women in
this country are shy and bashful and would not readily and unhesitatingly submit to a physical
examination unless compelled by competent authority. Such physical examination in this case is not self-
incriminating. She is not charged with any offense and likewise is not compelled to be a witness against
herself. Impotence being an abnormal condition should not be presumed. The case was remanded to
trial court.