9/24/2019 G.R. No. L-53703 August 19, 1986 - LILIA OLIVA WIEGEL v. ALICIA V.

ICIA V. SEMPIO-DIY : AUGUST 1986 - PHILIPPINE SUPREME COURT JURI…

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Philippine Supreme Court Jurisprudence > Year 1986 > August 1986 Decisions > G.R. No. L-53703 August 19,
1986 - LILIA OLIVA WIEGEL v. ALICIA V. SEMPIO-DIY:

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SECOND DIVISION

[G.R. No. L-53703. August 19, 1986.]

LILIA OLIVA WIEGEL, Petitioner, v. THE HONORABLE ALICIA V. SEMPIO-DIY (as presiding
judge of the Juvenile and Domestic Relations Court of Caloocan City) and KARL HEINZ
WIEGEL, Respondents.

Dapucanta, Dulay & Associates for Petitioner.

Siguion Reyna, Montecillo and Ongsiako Law Office for Private Respondent.

SYLLABUS

1. CIVIL LAW; FAMILY RELATIONS; VOID MARRIAGE; EVIDENCE THAT PRIOR MARRIAGE WAS VITIATED
BY FORCE; NEED NOT BE INTRODUCED. — There is not need for petitioner to prove that her first
marriage was vitiated by force committed against both parties because assuming this to do so, the
marriage will not be void but merely voidable (Art. 85, Civil Code), and therefore 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 respondent is VOID (Art. 80, Civil Code).

DebtKollect Company, Inc.
2. ID.; ID.; ID.; EVIDENCE ABOUT THE EXISTING PRIOR MARRIAGE OF FIRST SPOUSE; NEED NOT BE
INTRODUCED. — There is likewise no need of introducing evidence about the existing prior marriage of
her first husband at the time they married each other, for then such a marriage though void still needs
according to this Court a judicial declaration of such fact and for all legal intents and purposes she would
still be regarded as a married woman at the time she contracted her marriage with respondent Karl Heinz
Wiegel; accordingly, the marriage of petitioner and respondent would be regarded VOID under the law.

DECISION

PARAS, J.:

In an action (Family Case No. 483) filed before the erstwhile Juvenile and Domestic Relations Court of
Caloocan City, herein respondent Karl Heinz Wiegel (plaintiff therein) asked for the declaration of Nullity
of his marriage (celebrated on July, 1978 at the Holy Catholic Apostolic Christian Church Branch in
Makati, Metro Manila) with herein petitioner Lilia Oliva Wiegel (Lilia, for short, and defendant therein) on
the ground of Lilia’s previous existing marriage to one Eduardo A. Maxion, the ceremony having been
performed on June 25, 1972 at our Lady of Lourdes Church in Quezon City. Lilia, while admitting the
existence of said prior subsisting marriage claimed that said marriage was null and void, she and the first
husband Eduardo A. Maxion having been allegedly forced to enter said marital union. In the pre-trial that
ensued, the issue agreed upon by both parties was the status of the first marriage (assuming the
presence of force exerted against both parties): was said prior marriage void or was it merely voidable?
ChanRobles Intellectual Property Contesting the validity of the pre-trial order, Lilia asked the respondent court for an opportunity to
Division present evidence —

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9/24/2019 G.R. No. L-53703 August 19, 1986 - LILIA OLIVA WIEGEL v. ALICIA V. SEMPIO-DIY : AUGUST 1986 - PHILIPPINE SUPREME COURT JURI…
(1) that the first marriage was vitiated by force exercised upon both her and the first husband; and

(2) that the first husband was at the time of the marriage in 1972 already married to someone else.

Respondent judge ruled against the presentation of evidence because the existence of force exerted on
both parties of the first marriage had already been agreed upon. Hence, the present petition for certiorari
assailing the following Orders of the respondent Judge —

(1) the Order dated March 17, 1980 in which the parties were compelled to submit the case for resolution
based on "agreed facts;" and

(2) the Order dated April 14, 1980, denying petitioner’s motion to allow her to present evidence in her
favor.

We find the petition devoid of merit.

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 viodable (Art. 85,
Civil Code), and therefore 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 respondent is VOID (Art. 80, Civil Code).

There is likewise no need of introducing evidence about the existing prior marriage of her first husband at
the time they married each other, for then such a marriage though void still needs according to this
Court a judicial declaration 1 of such fact and for all legal intents and purposes she would still be
regarded as a married woman at the time she contracted her marriage with respondent Karl Heinz
Wiegel); accordingly, the marriage of petitioner and respondent would be regarded VOID under the law.

WHEREFORE, this petition is hereby DISMISSED, for lack of merit, and the Orders complained of are
hereby AFFIRMED. Costs against petitioner.

SO ORDERED.

Feria (Chairman), Fernan, Alampay and Gutierrez, Jr., JJ., concur.

Endnotes:
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VICTORIA LECHUGAS v. COURT OF APPEALS, ET AL.

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DIVINAGRACIA, ET AL. v. JOSUE N. BELLOSILLO 1901 1902 1903 1904 1905 1906 1907 1908
1909 1910 1911 1912 1913 1914 1915 1916
G.R. No. L-51256 August 12, 1986 - PEOPLE OF
THE PHIL. v. EDITO R. PETENIA, ET AL. 1917 1918 1919 1920 1921 1922 1923 1924
1925 1926 1927 1928 1929 1930 1931 1932
G.R. No. L-63070 August 12, 1986 - PEOPLE OF
THE PHIL. v. GIL JUMADIAO, ET AL. 1933 1934 1935 1936 1937 1938 1939 1940
1941 1942 1943 1944 1945 1946 1947 1948
G.R. No. L-64276 August 12, 1986 - CATHAY
PACIFIC AIRWAYS, LTD. v. MANUEL V. ROMILLO, JR. 1949 1950 1951 1952 1953 1954 1955 1956
1957 1958 1959 1960 1961 1962 1963 1964
G.R. Nos. L-70116-19 August 12, 1986 -
COMMISSIONER OF INTERNAL REVENUE v. FRANK 1965 1966 1967 1968 1969 1970 1971 1972
ROBERTSON, ET AL. 1973 1974 1975 1976 1977 1978 1979 1980
G.R. No. L-28138 August 13, 1986 - MATALIN 1981 1982 1983 1984 1985 1986 1987 1988
COCONUT CO., INC. v. MUNICIPAL COUNCIL OF 1989 1990 1991 1992 1993 1994 1995 1996
MALABANG, LANAO DEL SUR, ET AL.
1997 1998 1999 2000 2001 2002 2003 2004
G.R. No. L-28161 August 13, 1986 - EUFEMIA ELPA 2005 2006 2007 2008 2009 2010 2011 2012
DE BAYQUEN, ET AL. v. EULALIO BALAORO
2013 2014 2015 2016 2017 2018
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SONS ENTERPRISES, INC. v. COURT OF APPEALS, ET
AL.

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