Abbas v. Abbas, G.R. No.

183896, January 30, 2013

Facts :
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 motherin-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.