Case Digest: Wiegel v. Sempio-Diy
Case Digest: Wiegel v. Sempio-Diy
Case Digest: Wiegel v. Sempio-Diy
Sempio-Diy
CASE DIGEST: WIEGEL V. SEMPIO-DIY
Facts:
Karl Heinz Wiegel before the Juvenile and Domestic Relations Court of
Caloocan City filed for the declaration of nullity of his marriage with Lilia
Oliva Wiegel on the ground of Lilia’s previously existing marriage to
one Eduardo A. Maxion. Lilia, while admitting the existence of the said prior
subsisting marriage claimed that the said marriage was null and void as she
and first husband Eduardo Maxion was forced to enter the said marital union.
In the pre-trial that ensued, the issue agreed upon by both parties was the
status of the first marriage (whether the said prior marriage is void or merely
voidable). Lilia contested the validity of the pre trial order asking for
respondent court for an opportunity to present evidence.
Issue:
Whether or not there is a need for Lilia Wiegel to prove that her first
marriage was vitiated by fore.
Ruling:
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. 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.