Article 39, Case Digest - Family Code: Wiegel vs. Judge Sempio-Diy

 

LILIA OLIVA WIEGEL, petitioner,
vs.
THE HONORABLE ALICIA V. SEMPIO-DIY (as presiding judge of the Juvenile and Domestic Relations Court of Caloocan City) and KARL HEINZ WIEGEL, respondents.
G.R. No. L-53703 August 19, 1986
PARAS, J.:

Facts:

          This a petition for certiorari for the declaration of nullity of marriage of the petitioner, Lilia Wiegel and respondent, Karl Heinz Wiegel, by the Juvenile and Domestic Relations Court of Caloocan City.

          Herein respondent claims that his marriage to the petitioner is void because of an existing marriage prior to their marriage. The petitioner contends that her first marriage was void because they forced to enter in the said marriage. Moreover, the petitioner assails that her first husband had a prior existing marriage, therefore, making the marriage void.

          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.

Issue:

          Whether the respondent judged erred in not allowing the petitioner to present evidence in her favor.

Held:

          No. 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.

 

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