D 2015 | Persons | Legarda | Digest by PS Magno

Wiegel v. Siempo-Dy Effects of Final Judgment Declaring Nullity: On Remarriages Aug. 19, 1986 Short Version: Lilia Olivia Wiegel is married to Karl Heinz Wiegel, but Karl wants a declaration of nullity of the marriage because of the fact that Lilia still has a previous existing marriage to an Eduardo A. Maxion. However, Lilia claims that the Maxion marriage was null and void, citing that they have been forced to marry. The issue in the pre-trial then was if the Maxion marriage was void or voidable. Lilia asks for the opportunity to present evidence that: 1. The Maxion marriage is vitiated by force. 2. 1st husband was married to someone else. Court rules against the presentation of evidence because Reason#1 had already been agreed upon. Hence, this petition for certiorari. Issue: 1. Is the marriage void or merely voidable? (If void, then the marriage to Wiegel can continue, but if merely voidable, the Wiegel marriage cannot, because it was contracted while the Maxion marriage was still subsisting.) 2. Can Lilia present evidence in her favor? Held and Ratio: Petition is DISMISSED. Petition to present evidence is devoid of merit. There is no need to prove that her 1 st marriage was vitiated by force, because it had already been agreed upon. Hence the Maxion marriage is not void, but merely voidable making her marriage to Weigel to be void! Even if such a marriage is void, it still needs a corresponding judicial declaration for all legal intents and purposes, or else the State will regard her to be a married woman at the time she contracted her marriage to Weigel, rendering the Weigel marriage void under law.