LILIA OLIVA WIEGEL, petitioner, vs. THE HONORABLE ALICIA V.

SEMPIO-DIY (as presiding judge of the

Juvenile and Domestic Relations Court of Caloocan City) and KARL HEINZ WIEGEL, respondents.

1986-08-19 | G.R. No. L-53703

SECOND DIVISION Void marriage – judicial declaration of nullity as a requisite

PARAS, J: petition

Facts:

Lilia marry Eduardo A. Maxion on June 25, 1972. However, while the marriage was still subsisting, she
marry Karl Heinz Wiegel on July, 1978. Knowing the previous marriage, Karl asked for the declaration of
Nullity of his marriage. Lilia alleged that his marriage to Karl is valid because according to her, the first
marriage with Eduardo was null and void since they were allegedly forced to enter said marital union.

Lilia asked the respondent court for an opportunity to present evidence

(1) that the first marriage was vitiated by force exercised upon both her and the first husband; and
(2) that the first husband was at the time of the marriage in 1972 already married to someone else.

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.

Issue:

Whether or not the marriage of Lilia and Eduardo is void

Whether or not the subsequent marriage of Lilia and Karl is void

Ruling:

No, the marriage of Lilia and Eduardo is valid. Even if assuming that their marriage was vitiated by force
committed against both parties, it is NOT void but VOIDABLE and therefore valid until annulled. 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 even if such marriage is void, it still needs a judicial declaration of nullity of
marriage.

Yes. Since the marriage of Lilia and Eduardo is valid, the subsequent marriage to Karl is void ab initio.

Disposition:

WHEREFORE, this petition is hereby DISMISSED, for lack of merit, and the Orders complained of are
hereby AFFIRMED. Costs against petitioner. SO ORDERED