Lilia Weigel versus The Honorable Alicia Sempio- Diy and Karl Wiegel
No. L-53703 August 19, 1986
Facts:
Private respondent Karl Heinz Wiegel asked for the declaration of Nullity of his marriage celebrated on July 1978 with petitioner Lilia Wiegel in an action filed before the erstwhile Juvenile and Domestic Relations Court of Caloocan City on the ground of Lilia’s previous marriage to Eduardo Maxion on June 25, 1972.
Petitioner claimed that her first marriage was null and void, for she and the first husband Maxion have been allegedly forced to enter said marital union. Petitioner then asked the respondent court for an opportunity to present evidence that her first marriage was void. Respondent judge ruled against the presentation of evidence because the existence of force exerted on both parties of the first marriage has already been agreed upon.
Issue:
Whether or not the petitioner’s prior marriage was merely voidable assuming the presence of force exerted against both parties.
Held:
The Supreme Court upheld that there is no need for petitioner to prove that her first marriage was initiated by force committed against both parties because assuming that this is so, the marriage will not be void but merely voidable (Article 85, Civil Code) and therefore valid until annulled. Since no annulment has yet been made, it is clear that when she married private respondent, she was still validly married to her first husband, consequently, her marriage to respondent is void. Hence, petitioner’s prior marriage is merely voidable but valid until annulled.
