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 Lilias 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. Petitioners 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.