Abbas v. Abbas
REITERATIONFacts
The Antecedents: This case concerns the validity of a marriage between Syed Azhar Abbas, a Pakistani citizen, and Gloria Goo Abbas, a Filipino citizen. Syed filed a petition to nullify their marriage, alleging the absence of a valid marriage license as required by the Family Code. The marriage contract indicated that Marriage License No. 9969967 was issued in Carmona, Cavite, on January 8, 1993. However, Syed claimed he never applied for a license in Carmona, Cavite, as he did not reside there. Investigations revealed that the said marriage license number was actually issued to another couple, Arlindo Getalado and Myra Mabilangan. Gloria, on the other hand, presented witnesses who testified to the solemnization of the marriage ceremony and the presence of a marriage license, though its origin remained unclear. Procedural History: The Regional Trial Court (RTC), Branch 109, Pasay City, granted Syed's petition, declaring the marriage void ab initio due to the lack of a valid marriage license and the violation of residency requirements for obtaining such a license. Gloria's motion for reconsideration was denied, leading her to appeal to the Court of Appeals (CA). The CA reversed the RTC's decision, finding that the certification from the Municipal Civil Registrar of Carmona, Cavite, was insufficient to prove the non-issuance of the license and that there was substantial evidence of a valid marriage ceremony. The CA also noted that Syed filed his petition only after Gloria had initiated bigamy cases against him. Syed's subsequent motion for reconsideration of the CA's decision was also denied. The Petition: Syed Azhar Abbas filed a Petition for Review on Certiorari under Rule 45 of the Rules of Civil Procedure, seeking to overturn the Court of Appeals' decision. He argued that the CA committed a serious error of law by relying on a case that was inconsistent with its own findings and by reversing the RTC's decision without sufficient factual and legal basis. The core of Syed's argument is that the absence of a valid marriage license, as evidenced by the certification from the Municipal Civil Registrar of Carmona, Cavite, renders the marriage void ab initio under the Family Code, and that the CA erred in giving undue weight to testimonial evidence and the parties' subsequent conduct over documentary proof of the license's invalidity.
Issue(s)
Whether the marriage between Syed Azhar Abbas and Gloria Goo-Abbas is void ab initio due to the absence of a valid marriage license. Whether the certification issued by the Municipal Civil Registrar of Carmona, Cavite, regarding the non-issuance of a marriage license, is admissible and possesses probative value.
Ruling
The Supreme Court granted the petition, reversed and set aside the assailed Decision and Resolution of the Court of Appeals, and reinstated the Decision of the Regional Trial Court annulling the marriage of petitioner with respondent on January 9, 1993. The Court declared the marriage void ab initio.
Ratio Decidendi
On Issue 1: The Supreme Court held that the marriage between Syed Azhar Abbas and Gloria Goo-Abbas is void ab initio due to the absence of a valid marriage license. The Court reiterated that under Article 4 of the Family Code, the absence of any essential or formal requisite renders a marriage void from the beginning, and Article 35(3) specifically states that marriages solemnized without a license are void, except for those exempt under Chapter 2. The Court found that this marriage was not among the exemptions. The existence of a marriage ceremony and contract, as well as the parties comporting themselves as husband and wife, does not cure the defect of a missing valid marriage license. The Court emphasized that the burden of proving the validity of the marriage, including the procurement of a valid license, rested on Gloria, who failed to discharge it. On Issue 2: The Supreme Court ruled that the certification issued by the Municipal Civil Registrar of Carmona, Cavite, is admissible and possesses probative value. The Court clarified that while the CA focused on the absence of the phrase "despite diligent search," 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 (Sec. 3(m), Rule 131), stating that the certification should be presumed regular unless rebutted by affirmative evidence of irregularity. The fact that Marriage License No. 9969967 was located and presented, albeit issued to another couple, demonstrated that the records were searched. Gloria's failure to present the actual marriage license or a copy thereof, or to explain why it was allegedly secured in Carmona, Cavite, where neither party resided, further weakened her claim and bolstered the probative value of the certification. The Court distinguished this case from the CA's interpretation of Republic v. Court of Appeals, noting that in Republic, the certification was also given weight despite not explicitly stating "diligent search."
Main Doctrine
The Supreme Court reiterated that a marriage solemnized without a valid marriage license is void ab initio. The Court emphasized that the certification issued by the Municipal Civil Registrar of Carmona, Cavite, stating that Marriage License No. 9969967 was issued to Arlindo Getalado and Myra Mabilangan and not to Syed Azhar Abbas and Gloria Goo, is admissible and carries probative value. This certification, coupled with the petitioner's failure to present the alleged marriage license, was sufficient to prove the absence of a valid license, thereby rendering the marriage void from the beginning, despite the existence of a marriage ceremony and contract.