Aquino vs Delizo Facts: Complainant Fernando Aquino was the husband of Conchita Delizo.

On September 1955, Aquino filed a petition for annulment of their marriage on the ground of fraud. He contended that at the time of their marriage on December 1954, Conchita concealed the fact that she was already pregnant by another man other than the complainant. That in April 1955 which is approximately 4 months only after their marriage, his wife gave birth to a child. Only Aquino testified and the only documentary evidence he presented was their marriage contract. Delizo on the other hand did not appear nor presented evidences. The CFI-Rizal dismissed petitioners complaint for annulment of marriage, which was affirmed by CA thus a petition for certiorari to review the decisions. ISSUE: Whether or not concealment of pregnancy as alleged by Aquino would constitute such fraud as would annul a marriage. HELD: The concealment by the wife at the time of the celebration of the marriage that she was pregnant by a man other than her husband constitutes fraud and is a ground for annulment of marriage. In the case at bar, the woman was only about 4 months pregnant at the time of her marriage. During such stage, it is difficult to ascertain and notice the fact that she is already pregnant especially since she is naturally plump or fat. Pregnance only becomes apparent at 6 months wherein the womans abdomen reaches a height above the the umbilicus, making the roundness of the abdomen more general and apparent. In the following circumstances, the court remanded the case for new trial and decision complained is set aside.