Sison vs. Te Lay Li

 

SISON vs. Te Lay Li 48 OG No. 9 (NO ONLINE RESOURCE RESOURCE AVAILABLE | This is a digest from Civil Reviewer Compilation, Re-digested and organized by the Beadle KNB)  

Facts: In accord with the custom of the Chinese, Juanita and respondent were arranged to be married but this was only brought up to the former two weeks before tthe he celebration and that Te Lay Li never wooed (seek and gain the love and support). However, Juanita (the bride) did not want to get married with the Te. She would always oppose the impending marriage but her father whips and threatens her every time she would do so. Two days before the wedding, Juanita ran away aw ay and went to the office of the Fiscal. Her father convinced her to go back home with a promise that he will no longer forcer her to marry the respondent against her will. After such return, she was kept locked in the house and on the morning of her wedding day, her father handed her a knife and made her choose betwee between n losing her life or his if she did not marry Te and because of this, t his, Juanita consented to marry Te Lay Li. There were two weddings we ddings that transpired. The First was celebrated by Judge Hofilena and the second wedding was solemnized by the Chinese consul Mih in conformity with the Chinese rites. Moments before the first wedding, Juanita approached Judge Hofilena and told him that she was only being compelled by her father to marry the groom to be. A ce certain rtain Mr. Teng also corroborated this testimony that during the marriage ceremony, he saw that the Judge was irked by the hesitant attitude displayed by the bride. Mr. Teng also testified that when w hen they went to get Juanita from the Fiscal’s office, the Juanita’s Father confessed that Juanita does not want to marry Te. After the marriage, Juanita always considered her husband to be a stranger. She was kept a prisoner in their house and they never shared the same bed (she slept in a chair). They never had sexual intercourse except when a time when she was forced by her husband holding a knife to submit to his wishes. Because of this mustered courage and escaped ISSUE: W/N The consent to marry given by Juanita was obtained through force and intimidation W/N Even supposing that that marriage was void due to lack of consent, that it was ratified through cohabitation HELD: 1.  YES. Based on the testimonies given by the petitioner and the Judge as corroborated by Mr. Teng, it is evident that that Juanita did not want to marry Te but only did so due to force, threat and intimidation given by her father. Te Lay Li and Juanita’s father did not deny nor refute the Juanita’s claim of objection to the marriage (Father was never presented as witness). Mere words without any corresponding intention will not create the marriage relation. Notwithstanding that the formalities indicating consent have been complied with, there is no valid marriage where the parties do not intend to enter the marriage.  2.  NO. While a marriage effected by force or intimidation may be ratified and confirmed by cohabitation, such cohabitation must be voluntary. It is clear from Juanita’s testimony that there was no voluntary cohabitation on her part and she was never acquiesced to the status of wife.