Weigel v. Sempio-Dy

G.R. No. L-53703, 19 August 1986

FACTS:

Karl Wiegel was married to Lilia Wiegel on July 1978. Lilia was married with a certain Eduardo Maxion in 1972. Karl then filed a petition in the Juvenile and Domestic Relations Court for the declaration of nullity of his marriage with Lilia on the ground of latter’s former marriage. Having been allegedly force to enter into a marital union, she contents that the first marriage is null and void. Lilia likewise alleged that Karl was married to another woman before their marriage.

ISSUE:

Whether Karl’s marriage with Lilia is void.

RULING:

Yes. It was not necessary for Lilia 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 viodable, and therefore valid until annulled. Since no annulment has yet been made, it is clear that when she married Karl, she is still validly married to her first husband.

Consequently, her marriage to Karl is void. Likewise, there is no need of introducing evidence on the prior marriage of Karl for then such marriage though void still needs a judicial declaration before he can remarry. Accordingly, Karl and Lilia’s marriage are regarded void under the law.

* Case digest by Vera L. Nataa, LLB-1, Andres Bonifacio Law School, SY 2017-2018

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