7/27/2019 Abbas v Abbas Digest2

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Abbas v AbbasG.R. No. 183896, January 13, 2013

FACTS:

The case stems from a supposed marriage ceremony between Syed Azhar Abbas (Syed), a Pakistani citizen andGloria Goo (Gloria), a Filipino citizen, on January 9, 1993. The marriage contract stated that the couple was issued

a marriage license from the municipality of Carmona, Cavite on January 8, 1993. The copy of marriage license wasapparently presented to the solemnizing officer during the marriage ceremony.

In July 2003, Syed went to the Office of the Civil Registrar of Carmona, Cavite to secure a copy the marriagelicense in relation to a bigamy case instituted by Gloria against him. However, the Municipal Civil Registrar issued acertification on July 11, 2003 declaring that the office has not issued a marriage license to Syed and Gloria. Itfurther verified that the marriage license indicated in Syed and Glorias marriage contract was issued to a differentcouple.

Syed filed a petition for declaration of nullity of his marriage to Gloria. He argued that there was no actual marriagelicense issued to them prior to the supposed marriage in January 1993.

Gloria maintained, on the other hand, that a valid marriage license existed. She presented their marriage contract,photographs and testimonies of people present during the marriage ceremony to negate the certification from themunicipal civil registrar. She countered that a certain Qualin secured the marriage license for her and Syed. Butshe was not able to present a copy of the actual marriage license.

ISSUE:

Whether or not their marriage is valid in the absence of the marriage license

HELD:

The Philippine Supreme Court confirmed that the absence of a marriage license is a ground for voiding a marriage.The failure to prove that a valid marriage license was issued to a couple shows that their marriage is void ab initio

because a marriage license is one of the formal requisites of a valid marriage.

The Supreme Court voided Syed and Glorias marriage. The non -existence of the marriage license was proven bya certification from the Municipal Civil Registrar which should have issued the license in the first place. The civilregistrar is public officer charged with the duty of maintaining a register book for marriage licenses and otherrelevant data and records relative to the issuance thereof. Its certification has probative value compared to thefailure of Gloria to present the actual marriage license before the Court.

The High Court explained that Article 4 of the Family Code provides that a marriage is void ab initio in the absenceof any of the essential or formal requisites under Articles 2 and 3 of the Code among which is a valid marriagelicense.

In this case, Gloria failed to present the marriage license or a copy thereof before the Court. There were no

documentary or testimonial evidence to support her claim that the marriage license was actually and validlysecured. The certification of the Municipal Civil Registrar that their office had no record of the issuance of marriagelicense in their names adequately disproved her claim. The presumed validity of the marriage between the partieshas been overcome.