BY ATTY. JULIUS GREGORY B. DELGADO
JAAZIEL SALVA-ROLDAN VS. LORY ROLDAN AND REPUBLIC OF THE PHILIPPINES, G.R. NO. 268109 (MARCH 3, 2025): CONCEALMENT OF HOMOSEXUALITY A GROUND FOR ANNULMENT OF MARRIAGE
The case stemmed from a Petition for Annulment of Marriage on the ground of concealment of homosexuality filed by Jaaziel Salva-Roldan (Jaaziel) against Lory Roldan (Lory). Their love story started when Lory, who was then working in Saudi Arabia, sent Jaaziel a friend request to her social media account which she initially ignored despite Lory being a coworker of Jaaziel’s friend in the province. Eventually, Jaaziel learned of Lory’s kindness and due to the latter’s persistence, the former gave her phone number which led to their constant communication. In 2011, they became sweethearts and they met in 2012 when Lory went home to the Philippines for a vacation. On their first date, Jaaziel noticed Lory being distanced from her and wondered why they neither kissed nor held hands. Jaaziel thought that it was as if they were mere friends. Jaaziel alleged that when they had lunch, Lory did not beside her, and during their commute, Lory merely stood in front of the door of the train while Jaaziel was away from him. When confronted, Lory confessed his timidity and lack of confidence. Jaaziel learned that she was Lory’s first girlfriend despite being 31 years old.
Lory had to go back to Saudi Arabia for work and they were in a long-distance relationship which resulted to constant arguments over the phone on flimsy matters. Despite that, they got married on April 15, 2013 in Marinduque.
After their wedding, they went home to their new house in Imus City, Cavite and had an unusual honeymoon. Whenever Jaaziel would initiate intimate activities, Lory would make an excuse either to spend his time alone or for the two of them to talk about Lory’s works and plans, but not their married life and intimacy. Had it not for Jaaziel, their marriage would not have been consummated. Jaaziel further alleged that Lory would oftentimes initiate arguments which would lead Lory sleeping in the other room alone. Jazziel also averred that when a serious argument transpired once between them, Jaaziel felt dismayed and saddened, thus, she returned to her parents’ house in Caloocan. Jaaziel though that Lory would woo her back but Lory sent her a message saying “kung umalis ka, matuto kang bumalik.“
Just two months after their marriage, Lory went back to Saudi Arabia and stopped communicating with Jaaziel. Even Jaaziel’s efforts to contact Lory proved futile. However, Jaaziel received flowers and gifts for their first anniversary which prompted her to call Lory to thank him. Instead of apologizing for lack of communication, Lory replied that he was not the one who sent the same. But later, Lory said that he was just joking and admitted that he sent the same. Thereafter, the lack of communication between them resumed.
In June 2015, Jaaziel found bundles of magazines of male models who were either half-naked or naked in Lory’s belongings. Jaaziel then confronted Lory who admitted that he was homosexual. Jaaziel then was devastated and at that moment realized that their marriage must end due to fraud, as she would not have agreed to marry Lory had she known about Lory’s homosexuality. Such discovery prompted Jaaziel to leave the conjugal dwelling and return to her parents in Caloocan for good. Two years after, or on September 8, 2017, Jaaziel filed the Petition for Annulment before the Regional Trial Court.
The Regional Trial Court denied the Petition for failing to establish Lory’s homosexuality. The trial court held that Jaaziel’s and her father’s testimonies are self-serving and could not be considered proof that Lory deliberately concealed his homosexuality to vitiate Jaaziel’s consent for marriage. The Court of Appeals affirmed the trial court’s ruling.
The Supreme Court ruled in favor of Jaaziel. The applicable Family Code provisions are the following: Article 45. A marriage may be annulled for any of the following causes, existing at the time of marriage: x x x (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the fact constituting the fraud, freely cohabited with the other as husband and wife. x x x Article 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: x x x (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. x x x Article 47. The action for annulment of marriage must be filed by the following persons and within the period indicated herein: (3) For causes mentioned in number 3 of Article 45, by the injured party within five years after the discovery of the fraud. x x x
The Court held that Jaaziel discovered the fraudulent concealment of homosexuality only in June 2015 and was admitted by Lory. Immediately upon discovery, she immediately left the conjugal dwelling and went back living at her parents’ house for good. Two years after, Jaaziel immediately filed the petition. These facts established that: first, there was no free cohabitation after Jaaziel’s discovery of Lory’s supposed fraudulent concealment of his homosexuality which would operate to ratify Jaaziel’s vitiated consent, and second, she file the action within five-year prescriptive period provided under the Family Code. The Supreme Court reaffirmed its ruling in the case of Almelor vs. Regional Trial Court of Las Piňas, G.R. No. 179620 (August 28, 2006), wherein the Court held that concealment of homosexuality constitutes fraud that serves as a valid ground to annul marriage and that the allegation of vitiated consent, particularly the concealment of homosexuality, must be proven by preponderance of evidence.
The Supreme Court held that after judicious scrutiny of the records, it is convinced that, contrary to the rulings of the lower courts, Jaaziel was able to prove by the evidentiary threshold of preponderance of evidence the fact that Lory fraudulently concealed his homosexuality from her, thereby vitiating her consent to enter into a marriage with him, to wit:
“First, Lory admitted to Jaaziel that he is homosexual. Jaaziel found magazines depicting half-naked or naked men in Lory’s belongings. Lory’s admission only shows that Lory waited for their marriage before confessing his homosexuality. In fact, had it not been due to the discovery of the magazines, Lory would have continuously defrauded Jaaziel until this day.
Second, Francisco’s observation as to the lack of intimacy and affection between Jaaziel and Lory bolsters Lory’s homosexuality. Likewise, Francisco described Lory as ‘medyo malambot.’ Francisco even noticed that Lory did not know how to woo a woman and failed to see the passion and fondness as newlyweds. Furthermore, Francisco corroborates that Jaaziel confessed that had she known that Lory was homosexual, Jaaziel would not have married him. These circumstances encapsulate not only Lory’s homosexuality, more so, his concealment of such fact from Jaaziel.
Third, Jaaziel was led to believe that Lory is someone who is not at the onset of their relationship. Lory refused to talk about his behavior during their first date. Lory, who was then about 31 years old, pursued Jaaziel until they became sweethearts. During their first date, Jaaziel noticed Lory’s behavior which was unusual for a guy who meets his girlfriend for the first time. As described by Jaaziel, she felt Lory’s distance and lack of intimacy towards her. This led Jaaziel to confront Lory, but Lory only confessed his timidity and lack of confidence. Evidently, Lory deliberately concealed his homosexuality to convince Jaaziel to stay in the relationship, and later to marry Lory.
Fourth, Lory refused or looked for an excuse to evade intimacy with Jaaziel. Jaaziel and Lory had an unusual honeymoon as Lory would prefer to spend his time alone or to talk about anything, but their marriage life and sexual intimacy. Worse, just two months after their wedding Lory went back to Saudi Arabia and stopped communicating with Jaaziel. It thus appears that Lory’s actions towards Jaaziel were done with the intent of keeping the latter in the dark about Lory’s sexuality.”