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Case Digest Abbas v Abbas

G.R. No. 183896, January 30, 2013


Syed, a Pakistani citizen, and Gloria, a Filipino citizen, met in Taiwan in
1991. He arrived in the Philippines and on January 9, 1993, at around 5
oclock in the afternoon, he was at his mother-in-laws residence, in Malate,
Manila, when his mother-in-law arrived with two men. He was told that he
was going to undergo some ceremony, one of the requirements for his stay
in the Philippines, but was not told of the nature of said ceremony where he
and Gloria signed a document. He claimed that he only found out that it
was a marriage contract when Gloria told him. He further testified that he
did not go to Carmona, Cavite to apply for a marriage license, and that he
had never resided in that area. In July of 2003, he went to the Office of the
Civil Registrar of Carmona, Cavite, to check on their marriage license. The
Municipal Civil Registrar, issued a certification stating that the marriage
license number appearing in the marriage contract he submitted was the
number of another marriage license issued to another couple. He also
alleged that Gloria had filed bigamy cases against him in 2001 and 2002.
On the other hand, Gloria presented her own side. Rev. Mario Dauz, a
minister of the Gospel and a brgy captain stated that he is authorized to
solemnize marriage and that he was doing it since 1982 and he is familiar
with the requirements. There were two witnesses, one of them was Atty
Sanchez who handed him the marriage license on the day of the wedding.
Gloria testified that a certain Qualin went to their house and said that he will
get the marriage license for them, and after several days returned with an
application for marriage license for them to sign, which she and Syed did.
After Qualin returned with the marriage license, they gave the license to
Atty. Sanchez who gave it to Rev. Dauz, the solemnizing officer. Gloria also
alleged that she has a daughter with Syed. She filed a bigamy case
because Syed married a certain Maria Corazon Buenaventura. RTCs
ruling: no marriage license, neither of the parties was a resident of
Carmona, Cavite. Void ab initio. CAs ruling: granted Glorias appeal.
Marriage is valid and subsisting.
Issue: W/N the marriage was valid.

HELD: cited Arts 3, 4, 35(3) of FC. RTC was right. Ruling on Republic vs
CA not applicable. Their marriage licensed is registered to another couple.
Hence, they were married without securing a marriage license. Void ab
initio.