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Abbas Vs Abbas

Syed filed for nullity of his marriage to Gloria on grounds of absence of marriage license. They married in Taiwan in 1992 and had a ceremony in the Philippines in 1993. The trial court found the marriage void for lack of license but the appeals court disagreed. The Supreme Court ruled the marriage void as the certification of no license record was adequate proof of non-issuance. Gloria failed to prove an actual license existed, so the marriage was void from the beginning under the Family Code.

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64 views2 pages

Abbas Vs Abbas

Syed filed for nullity of his marriage to Gloria on grounds of absence of marriage license. They married in Taiwan in 1992 and had a ceremony in the Philippines in 1993. The trial court found the marriage void for lack of license but the appeals court disagreed. The Supreme Court ruled the marriage void as the certification of no license record was adequate proof of non-issuance. Gloria failed to prove an actual license existed, so the marriage was void from the beginning under the Family Code.

Uploaded by

GLORILYN MONTEJO
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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.

The RTC held that given the lack of a valid marriage license, the marriage of Gloria and
Syed on January 9, 1993 was void ab initio. The Court of Appeals, however, reversed the
RTC. The CA held that the certification of the Municipal Civil Registrar failed to
categorically state that a diligent search for the marriage license of Gloria and Syed was
conducted, and thus held that said certification could not be accorded probative.

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.

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

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.

Principles:
The certification of the Local Civil Registrar that their office had no record of a marriage
license was adequate to prove the non-issuance of said license.
The presumed validity of the marriage of the parties had been overcome, and that it
became the burden of the party alleging a valid marriage to prove that the marriage was
valid, and that the required... marriage license had been secured.

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