Case Digest: Article 45 of Family Code (Sison vs. Te Lai li)

SISON vs TE LAY LI

NO 7037- May 7, 1952

Facts: Juanita Sison, the plaintiff was married to Te Lay Li through force and intimidation by his father. Defendant never wooed her and as she opposed marriage to the defendant her father often whipped her. She run away from home but found by her father and promised she will not force her again. But renewed subject of marriage, he handed her a knife telling her to choose between her life and his, because of fear that her father might kill her she agreed to the marriage.

Issue: Whether or not marriage entered into between plaintiff and defendant was voidable

Held: Yes. Plaintiff was forced by her father to marry the defendant. It was proved that the marriage was through coercion and intimidation and without the consent and against the will of one of the parties, there were no ties to be preserved and there was no voluntary cohabitation on the wife’s part. Therefore, marriage should be annulled