Lilia Wiegel Vs Judge Sempio-Diy
Lilia Wiegel Vs Judge Sempio-Diy
FACTS: Karl Heinz Wiegel filed an action before the Juvenile and Domestic Relations Court asking for
the declaration of nullity of his marriage with Lilia Oliva Wiegel on the ground of Lilia's previous
existing marriage to one Eduardo A. Maxion.
Lilia, while admitting the existence of said prior subsisting marriage claimed that said marriage was
null and void, she and the first husband Eduardo A. Maxion having been allegedly forced to enter said
marital union. Lilia asked the respondent court for an opportunity to present evidence, but Respondent
judge ruled against the presentation of evidence because the existence of force exerted on both parties
of the first marriage had already been agreed upon in the pre-trial that ensued.
Hence, the present petition for certiorari assailing the following Orders of the respondent Judge
ISSUE: Whether there is a need for Lilia Wiegel to prove that her first marriage was vitiated by force
RULING: 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. Since no annulment has yet
been made, it is clear 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).
There is likewise no need of introducing evidence about the existing prior marriage of her first husband
at the time they married each other, for then such a marriage though void still needs according to this
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 Heinz
Wiegel; accordingly, the marriage of petitioner and respondent would be regarded VOID under the law.