Professional Documents
Culture Documents
Edward A. Maxion in 1972. Although she admitted the existence of such marriage,
she claimed that it was null and void having been allegedly force into marriage.
ISSUE: WON the subsisting marriage of Lilia Olivia Wiegel with Edward A.
Maxion is void
HELD: Assuming that the marriage between Lilia Olivia Wiegel and Edward A.
Maxion was vitiated by force, the marriage will not be void but merely voidable, and
will remain valid until annulled. 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 Karl Heinz Wiegel is void.
DONATO V LUNA
G.R. No. L-53642
April 15, 1988
FACTS: Information for bigamy was filed against Leonilo C. Donato, the petitioner,
based on the complaint of the private respondent, Paz B. Abayan who was married
to him on September 26, 1978 who filed with the Juvenile and Domestic Relations
Court of Manila a civil action for declaration of nullity of her marriage with petitioner
on the ground that she married him without knowledge of his prior marriage to
Rosalinda R. Malupig on June 30, 1978. He claimed that his second marriage was
void because it was solemnized without a marriage license and that force, violence,
intimidation and undue influence were employed by private respondent to obtain
petitioner's consent to the marriage, although he also admitted in their joint
affidavit that they have lived together as husband and wife without the benefit of
wedlock for five years.
ISSUE: WON a criminal case for bigamy pending before the Court of First
Instance of Manila should be suspended in view of a civil case for
annulment of marriage pending before the Juvenile and Domestic
Relations Court on the ground that the latter constitutes a prejudicial
question
HELD: Petitioner Donato cannot apply the rule on prejudicial questions since a case
for annulment of marriage can be considered as a prejudicial question to the
bigamy case against the accused only if it is proved that the petitioner's consent to
such marriage was obtained by means of duress, violence and intimidation in order
to establish that his act in the subsequent marriage was an involuntary one and as
such the same cannot be the basis for conviction. The preceding elements do not
exist in the case at bar given that: (1) he had been living with private respondent
Paz B. Abayan as husband and wife for more than five years without the benefit of
marriage; (2) he came up with the story that his consent to the marriage was
secured through the use of force, violence, intimidation and undue influence more
than the lapse of one year from the solemnization of the second marriage; (3) it was
private respondent who eventually filed the civil action for nullity, and; (4) he
continued to live with private respondent until November 1978, when the latter left
their abode upon learning that Leonilo Donato was already previously married,
sufficient to say that the petitioner merely raised the issue of prejudicial question to
evade the prosecution of the criminal case.
In the light of the preceding factual circumstances, it can be seen that the
respondent Judge did not err in his earlier order. There is no pivotal issue that must
be pre-emptively resolved in Civil Case No. E-02627 before proceedings in the
criminal action for bigamy can be undertaken.