syed azhar abbas VS Gloria abbas gr 183896

GR NO. 183896, JANUARY 30, 2013 ABBAS VS ABBAS DIGEST

DECEMBER 16, 2014 CASE EATERS LEAVE A COMMENT
GR No. 183896, January 30, 2013
Abbas vs Abbas
 
Facts: This is a case filed by Syed Azhar Abbas, petitioner, for the declaration of
nullity of his marriage with Gloria Goo-Abbas on the ground of absence of
marriage license, as provided for in Article 4 of the Family Code.
Syed and Gloria were married in Taiwan on August 9, 1992. When they arrived in
the Philippines on December 1992, a ceremony was conducted between them
solemnized by Rev. Mario Dauz and witnessed by Atty. Lorenzo Sanchez and
Mary Ann Ceriola. Present also is Felicitas Goo, mother-in-law of Syed. During
the ceremony, he and Gloria signed a document. Syed claim that he did not know
the nature of the ceremony until Gloria told him that it was a marriage.

In the marriage contract of Syed and Gloria, it is stated that Marriage License No
9969967, issued at Carmona, Cavite was proven by the MCR being issued to other
couple.

 
Issue: Whether or not the marriage of Syed and Gloria is valid.
Ruling:          No. As the marriage of Syed and Gloria was solemnized on January
9, 1993, the Family Code is the applicable law, particularly Articles 3, 4 and 35
(3).
Article 3 provides the formal requisites of marriage. Article 4 provides the effects
of the absence of the essential and formal requisites. And Article 35, Paragraph 3
provides that those marriages which are solemnized without a license are void
from the beginning in exception to those covered by the preceding chapter.

Gloria failed to present actual marriage license or copy relied on the marriage
contract and testimonies to prove the existence of the said license.

Thus, the marriage of Syed and Gloria is void ab initio.