Abbas v. Abbas
REITERATIONFacts
The Antecedents: Petitioner Syed Azhar Abbas (Syed) filed a petition for the declaration of nullity of his marriage to respondent Gloria Goo-Abbas (Gloria), alleging the absence of a marriage license. The marriage contract indicated Marriage License No. 9969967, issued at Carmona, Cavite on January 8, 1993. Syed, a Pakistani citizen, testified that he married Gloria in Taiwan on August 9, 1992, and arrived in the Philippines in December 1992. He claimed he was unaware the ceremony on January 9, 1993, was a marriage until Gloria informed him later, and that he did not apply for a marriage license in Carmona, Cavite. He obtained a certification from the Municipal Civil Registrar of Carmona, Cavite, stating that Marriage License No. 9969967 was issued to Arlindo Getalado and Myra Mabilangan, and no license was issued to Syed and Gloria on January 8, 1993. Gloria presented witnesses who testified to the solemnization of the marriage and the alleged securing of the marriage license. Procedural History: The Regional Trial Court (RTC), Branch 109, Pasay City, declared the marriage void ab initio for lack of a valid marriage license, noting that the license number belonged to another couple and that neither party resided in Carmona, Cavite. The RTC denied Gloria's motion for reconsideration. The Court of Appeals (CA) reversed the RTC's decision, holding that the certification from the Municipal Civil Registrar lacked probative value due to the absence of the phrase "diligent search" and that there was sufficient evidence of a valid marriage. The CA dismissed Syed's petition. Syed's motion for reconsideration was denied, leading to the present petition. The Petition: Syed filed a Petition for Review on Certiorari under Rule 45 of the Rules of Civil Procedure, questioning the CA's decision and resolution, arguing that the CA erred in reversing the RTC's decision without factual and legal basis.
Issue(s)
Whether the certification issued by the Municipal Civil Registrar of Carmona, Cavite, is admissible and possesses probative value to prove the non-issuance of a marriage license. Whether the marriage between Syed Azhar Abbas and Gloria Goo-Abbas, solemnized on January 9, 1993, is void ab initio due to the absence of a valid marriage license.
Ruling
The Supreme Court granted the petition, reversed and set aside the decision and resolution of the Court of Appeals, and reinstated the decision of the Regional Trial Court annulling the marriage.
Ratio Decidendi
On Whether the certification issued by the Municipal Civil Registrar of Carmona, Cavite, is admissible and possesses probative value to prove the non-issuance of a marriage license: The Court held that the certification issued by the Municipal Civil Registrar of Carmona, Cavite, is admissible and possesses probative value. While the Court of Appeals focused on the absence of the phrase "diligent search" in the certification, the Supreme Court clarified that such explicit wording is not absolutely necessary for Section 28, Rule 132 of the Rules of Court to apply. The Court invoked the disputable presumption of regularity of official acts, stating that an official duty is presumed to have been regularly performed absent contradictory evidence. In this case, no affirmative evidence of irregularity was presented to rebut this presumption. Furthermore, the fact that Marriage License No. 9969967 was located and submitted, albeit issued to another couple, demonstrates that a search was indeed conducted. The Court emphasized that Gloria's failure to present the actual marriage license or a copy thereof, despite the solemnizing officer's testimony that it was submitted to the Local Civil Registrar of Manila, significantly weakened her claim and bolstered the probative value of the certification. On Whether the marriage between Syed Azhar Abbas and Gloria Goo-Abbas, solemnized on January 9, 1993, is void ab initio due to the absence of a valid marriage license: The Court ruled that the marriage is void ab initio due to the absence of a valid marriage license. Applying Article 4 and Article 35(3) of the Family Code, the absence of a formal requisite, such as a valid marriage license, renders a marriage void from the beginning, unless exempted. The marriage in question did not fall under any of the exemptions provided in Chapter 2, Title I of the Family Code. The Court found that Gloria failed to discharge the burden of proving the existence of a valid marriage license. The evidence presented by Gloria, including the testimonies of witnesses and the marriage contract, did not suffice to overcome the certification from the Municipal Civil Registrar and the presumption of regularity. The Court reiterated that evidence of a marriage ceremony and the signing of a marriage contract does not cure the defect of an absent marriage license, as the law is clear on this point. Therefore, the marriage was declared void ab initio.
Main Doctrine
A certification from a Municipal Civil Registrar stating that a marriage license was not issued, even if it does not explicitly state 'diligent search,' is admissible and enjoys probative value, especially when corroborated by the fact that the purported marriage license number belongs to another couple and the party alleging a valid marriage fails to present the actual license or a copy thereof. The presumption of regularity of official acts of public officers supports the certification's validity in the absence of contrary evidence.