Wiegel v. Sempio-Diy

Summary Cases:Lilia Oliva Wiegel v. Hon. Alicia V. Sempio-Diy and Karl Heinz Wiegel

Wiegel v. Sempio-Diy

Subject:

Facts:

Respondent Karl Heinz Wiegel asked the Family Court for the declaration of Nullity of his first marriage on 1978 with petitioner Lilia Oliva Wiegel on the ground of Lilia’s previous existing marriage to one Eduardo A. Maxion on 1972. Lilia, however, claimed that such previous marriage was null and void for having been vitiated by force upon both her and the first husband and that the first husband was at the time of the marriage in 1972 already married to someone else. Held:

Status of the First Marriage

1. Petitioner’s first marriage which was allegedly vitiated by force committed against both parties, if true, will make the marriage voidable, not void.

2. There is no need for petitioner to prove that her first marriage was vitiated by force committed against both parties because assuming this to be so, the marriage will not be void but merely voidable (Art. 85, Civil Code), and therefore valid until annulled

3. Since no annulment has yet been made, it is dear that when she married respondent she was still validly married to her first husband, consequently, her marriage to respondent is VOID (Art. 80, Civil Code).

Judicial Declaration of Nullity of First Marriage

4. The first marriage though void still needs according to Supreme Court, a judicial declaration of such fact and for all legal intents and purposes she would still be regarded as a married woman at the time she contracted her marriage with respondent Karl Wiegel, therefore there is no need of introducing evidence about the existing prior marriage of her first husband at the time they married each other.

5. Accordingly, the marriage of petitioner and respondent Karl Wiegel would be regarded VOID under the law.