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  • 7/26/2019 Case Digest Abbas v Abbas

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    Case Digest Abbas v Abbas

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

    Syed, a Pakistani citizen, and Gloria, a Filipino citizen, met in Taiwan in1991. He arrived in the Philippines and on Janary 9, 199!, at arond "o#clock in the a$ternoon, he was at his mother%in%law#s residence, in &alate,&anila, when his mother%in%law arrived with two men. He was told that hewas 'oin' to nder'o some ceremony, one o$ the re(irements $or his stayin the Philippines, )t was not told o$ the natre o$ said ceremony where heand Gloria si'ned a docment. He claimed that he only $ond ot that itwas a marria'e contract when Gloria told him. He $rther testi$ied that he

    did not 'o to *armona, *avite to apply $or a marria'e license, and that hehad never resided in that area. +n Jly o$ --!, he went to the $$ice o$ the*ivil /e'istrar o$ *armona, *avite, to check on their marria'e license. The&nicipal *ivil /e'istrar, issed a certi$ication statin' that the marria'elicense nm)er appearin' in the marria'e contract he s)mitted was thenm)er o$ another marria'e license issed to another cople. He alsoalle'ed that Gloria had $iled )i'amy cases a'ainst him in --1 and --.n the other hand, Gloria presented her own side. /ev. &ario 0az, aminister o$ the Gospel and a )r'y captain stated that he is athorized to

    solemnize marria'e and that he was doin' it since 19 and he is $amiliarwith the re(irements. There were two witnesses, one o$ them was 2ttySanchez who handed him the marria'e license on the day o$ the weddin'.Gloria testi$ied that a certain 3alin went to their hose and said that he will'et the marria'e license $or them, and a$ter several days retrned with anapplication $or marria'e license $or them to si'n, which she and Syed did.

    2$ter 3alin retrned with the marria'e license, they 'ave the license to2tty. Sanchez who 'ave it to /ev. 0az, the solemnizin' o$$icer. Gloria alsoalle'ed that she has a da'hter with Syed. She $iled a )i'amy case)ecase Syed married a certain &aria *orazon 4enaventra. /T*#s

    rlin'5 no marria'e license, neither o$ the parties was a resident o$*armona, *avite. 6oid a) initio. *2#s rlin'5 'ranted Gloria#s appeal.&arria'e is valid and s)sistin'.

    +sse5 78 the marria'e was valid.

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    H:;05 cited 2rts !,


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