G.R. No.
L-53703 August 19, 1986
Weigel vs Sempio-Diy
FACTS:
Karl
Heinz Weigel asked for the declaration of Nullity of his marriage with Lilia
Oliva Weigel on the ground that the latter has existing marriage with Eduardo
A. Maxion.
Lilia claimed that prior marriage was null and void
because she and Eduardo were forced to enter said marital union. She likewise
alleged that Eduardo was married to someone else.
ISSUE:
Whether
or not Karl's marriage with Lilia is void.
RULING:
Yes.
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(Art. 85, Civil Code). 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 Lilia's prior marriage
for then such marriage though void still needs a judicial declaration before
she can remarry.
Accordingly, Karl and Lilia’s
marriage are regarded void under the law.
