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Case #36: Syed Azhar Abbas (Petitioner) vs.

Gloria Goo Abbas Held:


(Respondent) The court ruled that the marriage is void ab initio as the
marriage license, a formal requisite, is absent. As stated in Article 35
Facts of the Case: (3) of the Family Code, a marriage solemnized without a license
Syed, a Pakistani citizen, married Gloria, a Filipino citizen, in renders the marriage void from the beginning. The annulment of
Taiwan on August 9, 1992. On January 9, 1993, he was at his mother- their marriage was granted because Gloria failed to present a valid
in-law’s residence when two men came over and he was told he marriage license. The fact that she was not able to show the Qualin
would undergo some sort of ceremony to ensure his stay in the that supposedly applied for the license further weakened her claim
Philippines. It was during this in which he signed a document and that there was a valid marriage license. The certification of the Local
was only told after by Gloria that it was a marriage ceremony. It was Civil Registrar stating that their office has no record of a marriage
said that they applied for a license in Carmona, Cavite and that they license under Syed Abbas and Gloria Abbas was adequate enough to
resided there. Gloria later filed bigamy cases against him in 2001 and prove the non-issuance of said license. Article 4 states that “the
2002 for marrying Maria Corazon Buenaventura. This is what pushed absence of any of the essential or formal requisites shall render the
him to go to the Municipal Civil Registrar of Carmona, Cavite to get marriage void ab initio” which is why the marriage is void.
certification of his marriage license to Gloria as advised by his
counsel. It was here, on July 11, 2003 in which the registrar
Leodivinia C. Encarnacion issued a license that matched the marriage
contract he submitted. However, Marriage License No. 9969967 was
issued to a certain Arlindo Getalado and Myra Mabilangan. Gloria
then testified on her behalf and presented several witnesses to
testify the validity of her marriage to Syed Azhar Abbas. Based on
the accounts told, a Qualin went to Gloria’s mothers house with an
application for marriage license that they must sign. The solemnizing
officer then testified that the contract and true copy of license was
submitted to the Local Civil Registrar of Manila.

Issue/s:
Whether or not the marriage of Syed and Gloria Abbas is
void.

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