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    Jimenez Vs Cañizares J&J Team

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    Yodh Jamin Ong
    The Supreme Court reversed the lower court's decision to annul the marriage based solely on the husband's testimony that his wife was impotent. The Supreme Court found that impotence was not satisfactorily established, as the wife had refused a medical examination and the husband's testimony alone was insufficient to annul the marriage. The Court noted impotence must be proved by indubitable evidence and the presumption is in favor of potency, not impotency. The case was remanded for the wife to undergo a physical examination.

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    Jimenez Vs Cañizares J&J Team

    Uploaded by

    Yodh Jamin Ong
    171 views2 pages
    The Supreme Court reversed the lower court's decision to annul the marriage based solely on the husband's testimony that his wife was impotent. The Supreme Court found that impotence was not satisfactorily established, as the wife had refused a medical examination and the husband's testimony alone was insufficient to annul the marriage. The Court noted impotence must be proved by indubitable evidence and the presumption is in favor of potency, not impotency. The case was remanded for the wife to undergo a physical examination.

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    Jimenez vs Cañizares J&J Team

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    The Supreme Court reversed the lower court's decision to annul the marriage based solely on the husband's testimony that his wife was impotent. The Supreme Court found that impotence was not satisfactorily established, as the wife had refused a medical examination and the husband's testimony alone was insufficient to annul the marriage. The Court noted impotence must be proved by indubitable evidence and the presumption is in favor of potency, not impotency. The case was remanded for the wife to undergo a physical examination.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    171 views2 pages

    Jimenez Vs Cañizares J&J Team

    Uploaded by

    Yodh Jamin Ong
    The Supreme Court reversed the lower court's decision to annul the marriage based solely on the husband's testimony that his wife was impotent. The Supreme Court found that impotence was not satisfactorily established, as the wife had refused a medical examination and the husband's testimony alone was insufficient to annul the marriage. The Court noted impotence must be proved by indubitable evidence and the presumption is in favor of potency, not impotency. The case was remanded for the wife to undergo a physical examination.

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    of 2

    Title of Case

    JOEL JIMENEZ, plaintiff-appellee,


    vs.
    REMEDIOS CAÑIZARES, defendant.
    Republic of the Philippines, intervenor-appellant.

    Case No. G.R. No. L-12790


    Date August 31, 1960
    Nature of case
    Annulment Proceeding (Civil Case)

    Initial court/MTC/RTC Prosecution/Plaintiff/Petitioner Accused/Defendant/Respondent Ruling of Initial Court

    In a complaint in the Court of First The wife was summoned and served a copy The wife was summoned and served a copy
    Instance of Zamboanga the plaintiff of the complaint. She did not file an answer.  of the complaint. She did not file an answer
    Joel Jimenez prays for a decree and failed to comply with the orders of the
    annulling his marriage to the defendant court to take medical examinations.
    Remedios Cañizares, upon the ground
    that the office of her genitals or vagina
    was to small to allow the penetration of
    a male organ or penis for copulation;
    that the condition of her genitals as
    described above existed at the time of
    marriage and continues to exist; and
    that for that reason he left the conjugal
    home two nights and one day after they
    had been married.

    Issue#1 Whether the marriage in question may be annulled on the strength only of the lone testimony of the husband who claimed and testified
    that his wife was and is impotent.
    Object evidence N/A N/A N/A
    Documentary evidence N/A N/A N/A

    Testimonial evidence Husband’s testimony; N/A N/A

    Issue#2 N/A

    Object evidence N/A N/A N/A


    Documentary evidence N/A N/A N/A
    Testimonial evidence N/A N/A N/A

    CA Prosecution/Plaintiff/Petitioner Accused/Defendant/Respondent Ruling of the Court of Appeals


    N/A N/A N/A

    Mode of appeal under N/A N/A N/A


    Rule ___
    Issue#1 N/A
    Object evidence N/A N/A N/A
    Documentary evidence N/A N/A N/A

    Testimonial evidence N/A N/A N/A

    Issue#2 N/A

    Object evidence N/A N/A N/A


    Documentary evidence N/A N/A N/A

    Testimonial evidence N/A N/A N/A

    Supreme Court Prosecution/Plaintiff/Petitioner Accused/Defendant/Respondent Ruling of the Supreme Court

    0000001
    The city attorney filed a motion for N/A The law specifically enumerates the legal grounds,
    reconsideration of the decree thus that must be proved to exist by indubitable
    evidence, to annul a marriage. In the case at bar,
    entered, upon the ground, among
    the annulment of the marriage in question was
    others, that the defendant's decreed upon the sole testimony of the husband
    impotency has not been satisfactorily who was expected to give testimony tending or
    established as required by law; that aiming at securing the annulment of his marriage he
    she had not been physically sought and seeks. Whether the wife is really
    examined because she had refused impotent cannot be deemed to have been
    satisfactorily established, becase from the
    to be examined; that instead of
    commencement of the proceedings until the entry of
    annulling the marriage the Court the decree she had abstained from taking part
    should have punished her for therein. Although her refusal to be examined or
    contempt of court and compelled her failure to appear in court show indifference on her
    to undergo a physical examination part, yet from such attitude the presumption arising
    and submit a medical certificate; and out of the suppression of evidence could not arise or
    be inferred because women of this country are by
    that the decree sought to be
    nature coy, bashful and shy and would not submit to
    reconsidered would open the door to a physical examination unless compelled to by
    married couples, who want to end competent authority.This the Court may do without
    their marriage to collude or connive doing violence to and infringing in this case is not
    with each other by just alleging self-incrimination. She is not charged with any
    impotency of one of them. He prayed offense. She is not being compelled to be a witness
    against herself."Impotency being an abnormal
    that the complaint be dismissed or
    condition should not be presumed. The presumption
    that the wife be subjected to a is in favor of potency."The lone testimony of the
    physical examination. husband that his wife is physically incapable of
    sexual intercourse is insufficient to tear asunder the
    ties that have bound them together as husband and
    wife.

    Mode of appeal under Motion for reconsideration


    Rule 65
    Issue#1 Whether the marriage in question may be annulled on the strength only of the lone testimony of the husband who claimed and testified
    that his wife was and is impotent.
    Object evidence N/A N/A N/A
    Documentary evidence N/A N/A N/A
    Testimonial evidence Husband's testimony. N/A

    Issue#2

    Object evidence N/A N/A N/A


    Documentary evidence N/A N/A N/A

    Testimonial evidence N/A N/A N/A

    0000002

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