SYED AZHAR ABBAS v.

GLORIA GOO ABBAS

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

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

Facts:

• Syed Abbas and Gloria Goo met in

Taiwan in 1991 and got married in 1992
at the Taipei Mosque in Taiwan.

• Syed went to Manila in December of

1992 and later got married again to
Gloria in the country on January 9, 1993
at the latter’s residence in Malate,
Manila.

• The marriage was solemnized by Rev.

Mario Dauz and witnessed by Atty.
Lorenzo Sanchez and Mary Ann Ceriola.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• In the Marriage Contract of Gloria and

Syed, it was stated that Marriage
License No. 9969967, issued at
Carmona, Cavite on January 8, 1993,
was presented to the solemnizing
officer.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• Marriage turned sour

• Syed married another woman

• Gloria filed a case for bigamy

against Syed
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• Syed did not know that the ceremony that took

place was a marriage.
• He was informed that it was only a requirement
for his stay in the Philippines.
• He never went to Carmona, Cavite to apply for a
marriage license.
• Carmona LCR:
• Marriage License No. 9969967, was the
number of another marriage license issued
to a certain Arlindo Getalado and Myra
Mabilangan.
• No Marriage License appears to have been
issued to MR. SYED AZHAR ABBAS and
MISS GLORIA F. GOO on January 8, 1993.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• Syed filed a petition for

declaration of nullity of
marriage before the RTC of
Pasay.

• Grounds: Absence of a
marriage license as provided
under Article 4 of the Family
Code
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• Marriage annulled • RTC ruling reversed and set

• no valid marriage license was issued aside
• neither party was a resident of the place • certification of the Municipal Civil
where the marriage license was Registrar failed to categorically
supposedly obtained, in violation of Art. 9 state that a diligent search for the
of the Family Code marriage license of Gloria and
Syed was conducted
• sufficient testimonial and
documentary evidence of the
marriage
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

Whether the marriage between Syed and Gloria should

be declared void ab initio for lack of a marriage license.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

RULING:

• The Decision and Resolution of

the Court of Appeals are
REVERSED and SET ASIDE. The
Decision of the Regional Trial
Court, annulling the marriage of is
REINSTATED.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• Gloria failed to present the actual

marriage license, or a copy thereof. She
relied on the marriage contract and
testimonies of witnesses.

• To prove that no such license was

issued, Syed turned to the office of the
Municipal Civil Registrar of Carmona,
Cavite which had allegedly issued said
license. It was there that he requested
certification that no such license was
issued.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

Certification issued by the civil registrar enjoy probative value.

Certification of the Local Civil Registrar that their office had no record of a
marriage license is adequate to prove the non-issuance of said license.

Presumed validity of the marriage had been overcome.

Burden is on the party alleging a valid marriage to prove that the marriage
was valid, and that the required marriage license had been secured.
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

Gloria has failed to discharge such burden, and the only conclusion that
can be reached is that no valid marriage license was issued.

Evidence showing that a wedding ceremony was conducted and a marriage

contract was signed does not operate to cure the absence of a valid
marriage license.

The absence of any of the essential or formal requisites shall render the
marriage void ab initio. (Art. 4)

A marriage solemnized without a license is void from the beginning, except

those exempt from the license requirement . (Art. 35 [3])
 Abbas v. Abbas, G.R. No. 183896, January 30, 2013

• Marriage not among those exempted from a marriage license,

and thus, having been solemnized without a marriage license, is
-
Abbas v. Abbas, G.R. No. 183896, January 30, 2013