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Wiegel vs Sempio-Dy

143 SCRA 449


FACTS: Karl Wiegel was married to Lilia Wiegel on July 1978. Lilia was married with a certain
Eduardo Maxion in 1972. Karl then filed a petition in the Juvenile and Domestic Relations
Court for the declaration of nullity of his marriage with Lilia on the ground of latters former
marriage. Having been allegedly force to enter into a marital union, she contents that the
first marriage is null and void. Lilia likewise alleged that Karl was married to another woman
before their marriage.
ISSUE: Whether Karls marriage with Lilia is void.
HELD: Yes.
RATIO: It was not necessary for Lilia to prove that her first marriage was vitiated with force
because 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 still validly
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 then such 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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