Wiegel v.

Sempio-Dy 143 SCRA 499

Facts:
Karl Heinz Wiegel asked for declaration of nullity of his marriage on July
1978 to Lilia Oliva Wiegel on the grounds of Lilia’s first marriage to Eduardo O.
Maxion dated June 25, 1972. In which Lilia admitted her first marriage and
claimed that her marriage to Eduardo was null and void from the beginning as it
was a forced marriage.

Issue:
Whether or not Karl Heinz Wiegel marriage to Lilia Oliva Wiegel can be
declared null and void.

Ruling:
The petition was dismissed on the grounds that the petitioner does not need
to prove that her first marriage was done by force on both parties. Assuming that
this is true marriage is not void but voidable and valid until annulled. Since there
has been no annulment made. The petitioner when married to the respondent is
validly married to her first husband. Making her marriage to respondent VOID.