11/17/2015 Digestsetal.:WiegelvsSempioDy

http://hyperjetsetter.blogspot.com/2011/04/wiegelvssempiody.html 1/2

Digestsetal.April10,2011

Posted by hyper_jetsetter at 6:31:00 PM

Wiegel vs Sempio-DyWiegel vs. SempioDy143 SCRA 449

FACTS:

Karl Wiegel was married to Lilia Wiegel on July 1978. Lilia was married with acertain Eduardo Maxion in 1972. Karl then filed a petition in the Juvenile andDomestic Relations Court for the declaration of nullity of his marriage with Lilia on theground of latters former marriage. Having been allegedly force to enter into a maritalunion, she contents that the first marriage is null and void. Lilia likewise alleged thatKarl was married to another woman before their marriage.

ISSUE:Whether Karls marriage with Lilia is void.

HELD:

It was not necessary for Lilia to prove that her first marriage was vitiated with forcebecause it will not be void but merely voidable. Such marriage is valid until annulled.Since no annulment has yet been made, it is clear that when she married Karl, she is stillvalidly 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 thensuch marriage though void still needs a judicial declaration before he can remarry.Accordingly, Karl and Lilias marriage are regarded void under the law.

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11/17/2015 Digestsetal.:WiegelvsSempioDy

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