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    Wiegel vs. Sempio Dy 143 SCRA 449

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    Karl filed to annul his marriage to Lilia on the grounds that her previous marriage had not been annulled. Lilia claimed her first marriage was entered under force and was therefore void. The court held that even if Lilia's first marriage was entered under force, it would only be voidable and not void unless annulled. Since there was no annulment of Lilia's first marriage, her marriage to Karl was void as she was still married to her first husband. Karl's prior marriage also required annulment before he could remarry, so the court declared Karl and Lilia's marriage void under the law.

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    Wiegel vs. Sempio Dy 143 SCRA 449

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    RR F
    6 views1 page
    Karl filed to annul his marriage to Lilia on the grounds that her previous marriage had not been annulled. Lilia claimed her first marriage was entered under force and was therefore void. The court held that even if Lilia's first marriage was entered under force, it would only be voidable and not void unless annulled. Since there was no annulment of Lilia's first marriage, her marriage to Karl was void as she was still married to her first husband. Karl's prior marriage also required annulment before he could remarry, so the court declared Karl and Lilia's marriage void under the law.

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    Karl filed to annul his marriage to Lilia on the grounds that her previous marriage had not been annulled. Lilia claimed her first marriage was entered under force and was therefore void. The court held that even if Lilia's first marriage was entered under force, it would only be voidable and not void unless annulled. Since there was no annulment of Lilia's first marriage, her marriage to Karl was void as she was still married to her first husband. Karl's prior marriage also required annulment before he could remarry, so the court declared Karl and Lilia's marriage void under the law.

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    6 views1 page

    Wiegel vs. Sempio Dy 143 SCRA 449

    Uploaded by

    RR F
    Karl filed to annul his marriage to Lilia on the grounds that her previous marriage had not been annulled. Lilia claimed her first marriage was entered under force and was therefore void. The court held that even if Lilia's first marriage was entered under force, it would only be voidable and not void unless annulled. Since there was no annulment of Lilia's first marriage, her marriage to Karl was void as she was still married to her first husband. Karl's prior marriage also required annulment before he could remarry, so the court declared Karl and Lilia's marriage void under the law.

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    Wiegelvs.

    SempioDy
    143SCRA449
    FACTS:
    KarlWiegelwasmarriedtoLiliaWiegelonJuly1978.Liliawas
    marriedwithacertainEduardoMaxionin1972.Karlthenfileda
    petitionintheJuvenileandDomesticRelationsCourtforthe
    declarationofnullityofhismarriagewithLiliaonthegroundoflatters
    formermarriage.Havingbeenallegedlyforcetoenterintoamarital
    union,shecontentsthatthefirstmarriageisnullandvoid.Lilia
    likewiseallegedthatKarlwasmarriedtoanotherwomanbeforetheir
    marriage.
    ISSUE:WhetherKarlsmarriagewithLiliaisvoid.
    HELD:
    ItwasnotnecessaryforLiliatoprovethatherfirstmarriagewas
    vitiatedwithforcebecauseitwillnotbevoidbutmerelyvoidable.
    Suchmarriageisvaliduntilannulled.Sincenoannulmenthasyetbeen
    made,itisclearthatwhenshemarriedKarl,sheisstillvalidlymarried
    toherfirsthusband.Consequently,hermarriagetoKarlisvoid.
    Likewise,thereisnoneedofintroducingevidenceontheprior
    marriageofKarlforthensuchmarriagethoughvoidstillneedsa
    judicialdeclarationbeforehecanremarry.Accordingly,Karland
    Liliasmarriageareregardedvoidunderthelaw.

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