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    Weigel V Sempio

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    Sand Fajutag
    This case involved Karl Wiegel filing for annulment of his marriage to Lilia Wiegel on the grounds that Lilia had a prior existing marriage to Eduardo Maxion. Lilia admitted to the prior marriage but claimed it was void due to force exerted against her and Eduardo. The court held that even if force was present, the prior marriage would only be voidable and not void, so it remained valid until annulled. Since the prior marriage was never annulled, Lilia was still legally married to Eduardo when she married Karl, making their marriage void under the law. The court also found it unnecessary for Lilia to prove any issues regarding her first husband's marital status, as her

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    Weigel V Sempio

    Uploaded by

    Sand Fajutag
    76 views2 pages
    This case involved Karl Wiegel filing for annulment of his marriage to Lilia Wiegel on the grounds that Lilia had a prior existing marriage to Eduardo Maxion. Lilia admitted to the prior marriage but claimed it was void due to force exerted against her and Eduardo. The court held that even if force was present, the prior marriage would only be voidable and not void, so it remained valid until annulled. Since the prior marriage was never annulled, Lilia was still legally married to Eduardo when she married Karl, making their marriage void under the law. The court also found it unnecessary for Lilia to prove any issues regarding her first husband's marital status, as her

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    Weigel v Sempio-

    Original Title

    97. Weigel v Sempio-

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    This case involved Karl Wiegel filing for annulment of his marriage to Lilia Wiegel on the grounds that Lilia had a prior existing marriage to Eduardo Maxion. Lilia admitted to the prior marriage but claimed it was void due to force exerted against her and Eduardo. The court held that even if force was present, the prior marriage would only be voidable and not void, so it remained valid until annulled. Since the prior marriage was never annulled, Lilia was still legally married to Eduardo when she married Karl, making their marriage void under the law. The court also found it unnecessary for Lilia to prove any issues regarding her first husband's marital status, as her

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    76 views2 pages

    Weigel V Sempio

    Uploaded by

    Sand Fajutag
    This case involved Karl Wiegel filing for annulment of his marriage to Lilia Wiegel on the grounds that Lilia had a prior existing marriage to Eduardo Maxion. Lilia admitted to the prior marriage but claimed it was void due to force exerted against her and Eduardo. The court held that even if force was present, the prior marriage would only be voidable and not void, so it remained valid until annulled. Since the prior marriage was never annulled, Lilia was still legally married to Eduardo when she married Karl, making their marriage void under the law. The court also found it unnecessary for Lilia to prove any issues regarding her first husband's marital status, as her

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    © All Rights Reserved
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    Weigel v Sempio Dy

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

    PARAS, J:

    Facts:

    Respondent Karl Wiegel filed a case before the Juvenile and Domestic
    Relations Court of Caloocan an action for the declaration of nullity of his
    marriage with petitioner Lilia Wiegel on the ground of Lilia's previous existing
    marriage to one Eduardo A. Maxion.

    Lilia admitted the existence of said prior subsisting marriage with Eduardo.
    She, however, claimed that said marriage was null and void because she and
    Eduardo had been allegedly forced to enter said marital union. In the pre-
    trial, the issue agreed upon by the parties concerned about the status of the
    first marriage, assuming the presence of force exerted against the parties.

    Thereafter, Lilia asked the trial court to give her the opportunity to prove
    that the first marriage was vitiated by force exercised 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.

    Issue: Whether or not the petitioner’s prior marriage was merely voidable
    assuming the presence of force exerted against both parties.

    Court held that:

    1. 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 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 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;
    accordingly, the marriage of petitioner and respondent would be regarded
    void under the law.

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