G.R. No.

183896 January 30, 2013

SYED AZHAR ABBAS, Petitioner
vs
GLORIA GOO ABBAS, Respondent

DOCTRINE:
● Marriage and Validity

FACTS:
● One Syed Azhar Abbas filed for a petition of nullity of his marriage with Gloria Goo Abbas, in reaction to a
bigamy suit that Gloria Abbas filed against him.
● A Marriage License No. 9969967 was stated in the Marriage Contract of Gloria and Syed, issued on
Carmona, Cavite on January 8, 1993. They were previously married in a Mosque in Taiwan on August 9,
1992.
● A solemnizing officer (Rev. Dauz) solemnized the marriage of Syed and Gloria before the two parties,
Atty. Sanchez, Felicitas Goo, and May Ann Ceriola. Felicitas Goo, mother of Gloria, asked the help of
Atty. Sanchez in securing a marriage license. Atty. Sanchez then requested a certain Qualin to secure a
marriage license. Atty. Sanchez did not know where the marriage license was obtained, and Felicitas Goo
did not read the contents of the marriage license. Qualin said he got the marriage license from Caroma,
Cavite.
● No Marriage License No. 9969967 on Carmona, Cavite, was found under the names of Syed Abbas and
Gloria Abbas; but different names were found under it: Arlindo Getalado and Myra Mabilangan.

ISSUES:
● Whether or not the absence of a Marriage License before the court is a ground for void of marriage.
● Whether or not the marriage of Syed and Gloria is valid.

PROVISIONS:
Executive Order No. 209 a.k.a Family Code of the Philippines
Title 1 Chapter 1:
● Article 3 – Formal requisites of marriage
● Article 4 – Absence/irregularities of the essential requisites shall be render marriage voidable
● Article 35(3) – Marriages that shall be void from the beginning
Title 1 Chapter 2:
● Article 27-34 – Marriages exempt from the license requirement
HELD:
● Absence of the a marriage license is a ground for marriage void ab initio, as the circumstances
surrounding Syed and Gloria does not fall under the exemptions classified under articles 27-34
● Marriage of Syed and Gloria is not valid.

DISPOSITION:
WHEREFORE, in light of the foregoing, the petition is hereby GRANTED. The assailed Decision dated March 11,
2008 and Resolution dated July 24, 2008 of the Court of Appeals in CA-G.R. CV No. 86760 are hereby
REVERSED and SET ASIDE. The Decision of the Regional Trial Court, Branch 109, Pasay City dated October 5,
2005 in Civil Case No. 03-0382-CFM annulling the marriage of petition with respondent on January 9, 1993 is
hereby REINSTATED.