Article 86, Chapter 3 of the civiol code of the Philippines

Art. 86. Any of the following circumstances shall constitute fraud referred to in Number 4 of the preceding article:

(1) Misrepresentation as to the identity of one of the contracting parties;

(2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;

(3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.

No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. 

Explanations:

Fraud in marriage 

                In this article should be read ing connection with the article of 45, no 3 in Family code of the Philippines. The enumeration here of possible grounds is exclusive, meaning that no other kind of faud is ground for the annulment of the marriage.

                Example of this ground  is a married girl not knowing she was pregnant. It turned out later that she was pregnant because of another sweet heart. The marriage is annullable .But if the cause of the pregnancy had been A, then the marriage would not be annullable. Note that the Pregnancy must be at the time of the marriage ceremony. Otherwise, if the pregnancy occurred afterwards, there can be no annulment, whether the cause of pregnancy was the husband or other person.

·         Effect of husband’s of knowledge of the pregnancy. It must be borne in mind that if a husband knew at the time the marriage was celebrated the woman was pregnant because of him. The marriage cannot be annulled on the ground of fraud. The woman, as a matter of fact, does not even have to tell him of her pregnancy, as when, for example, a child is born less than 90 days after the celebration of the marriage. The reason is the present condition of the woman was already evident at the time of the marriage readily apparent, particularly if the woman is”naturally plump” or fat. In fact it is only on the 6^th month of pregnancy that the enlargement of the woman’s abdomen reaches a height above the umbilicus, making the roundness of the woman’s abdomen more general and apparent. Even a   physicians and surgeon, with the aid of the woman herself, who shows and gives her subjective and objective symptoms, can only claim positive diagnosis of 33% at five months, and 50% at six months. Note finally that it is the concealment and not mere pregnancy that is the thrust of the fraud.