G.R. No. 183896 January 30, 2013 had never resided in that area.

had never resided in that area. In July of 2003, he went to the their office had not issued any other license of the same serial
Office of the Civil Registrar of Carmona, Cavite, to check on number, namely 9969967, to any other person.11
SYED AZHAR ABBAS, Petitioner, their marriage license, and was asked to show a copy of their
vs. marriage contract wherein the marriage license number could be For her part, Gloria testified on her own behalf, and presented
GLORIA GOO ABBAS, Respondent. found.5 The Municipal Civil Registrar, Leodivinia C. Reverend Mario Dauz, Atty. Lorenzo Sanchez, Felicitas Goo
Encarnacion, issued a certification on July 11, 2003 to the effect and May Ann Ceriola.
DECISION
that the marriage license number appearing in the marriage
Reverend Mario Dauz (Rev. Dauz) testified that he was a
VELASCO, JR., J.: contract he submitted, Marriage License No. 9969967, was the
minister of the Gospel and a barangay captain, and that he is
number of another marriage license issued to a certain Arlindo
authorized to solemnize marriages within the Philippines.12 He
This is a Petition for Review on Certiorari under Rule 45 of the Getalado and Myra Mabilangan.6 Said certification reads as
testified that he solemnized the marriage of Syed Azhar Abbas
1997 Rules of Civil Procedure, questioning the Decision 1 of the follows:
and Gloria Goo at the residence of the bride on January 9,
Court of Appeals (CA) dated March 11, 2008 in CA-G.R. CV
11 July 2003 1993.13 He stated that the witnesses were Atty. Lorenzo
No. 86760, which reversed the Decision2 in Civil Case No. 03-
Sanchez (Atty. Sanchez) and Mary Ann Ceriola.14 He testified
0382-CFM dated October 5, 2005 of the Regional Trial Court
TO WHOM IT MAY CONCERN: that he had been solemnizing marriages since 1982, and that he
(RTC), Branch 109, Pasay City, and the CA Resolution dated
is familiar with the requirements.15 Rev. Dauz further testified
July 24, 2008, denying petitioner's Motion for Reconsideration This is to certify as per Registry Records of Marriage License that Atty. Sanchez gave him the marriage license the day before
of the CA Decision. filed in this office, Marriage License No. 9969967 was issued in the actual wedding, and that the marriage contract was prepared
favor of MR. ARLINDO GETALADO and MISS MYRA by his secretary.16 After the solemnization of the marriage, it
The present case stems from a petition filed by petitioner Syed
MABILANGAN on January 19, 1993. was registered with the Local Civil Registrar of Manila, and
Azhar Abbas (Syed) for the declaration of nullity of his
marriage to Gloria Goo-Abbas (Gloria) with the RTC of Pasay Rev. Dauz submitted the marriage contract and copy of the
No Marriage License appear [sic] to have been issued to MR.
City, docketed as Civil Case No. 03-0382-CFM, and raffled to marriage license with that office.17
SYED AZHAR ABBAS and MISS GLORIA F. GOO on
RTC Branch 109. Syed alleged the absence of a marriage January 8, 1993. Atty. Sanchez testified that he was asked to be the sponsor of
license, as provided for in Article 4, Chapter I, Title 1 of
the wedding of Syed Abbas and Gloria Goo by the mother of
Executive Order No. 269, otherwise known as the Family Code This certification is being issued to Mr. Syed Azhar Abbas for
the bride, Felicitas Goo.18 He testified that he requested a
of the Philippines, as a ground for the annulment of his marriage whatever legal purpose or intents it may serve.7
certain Qualin to secure the marriage license for the couple, and
to Gloria.
On cross-examination, Syed testified that Gloria had filed that this Qualin secured the license and gave the same to him on
In the Marriage Contract3 of Gloria and Syed, it is stated that bigamy cases against him in 2001 and 2002, and that he had January 8, 1993.19 He further testified that he did not know
Marriage License No. 9969967, issued at Carmona, Cavite on gone to the Municipal Civil Registrar of Carmona, Cavite to get where the marriage license was obtained.20 He attended the
January 8, 1993, was presented to the solemnizing officer. It is certification on whether or not there was a marriage license on wedding ceremony on January 9, 1993, signed the marriage
this information that is crucial to the resolution of this case. advice of his counsel.8 contract as sponsor, and witnessed the signing of the marriage
contract by the couple, the solemnizing officer and the other
At the trial court, Syed, a Pakistani citizen, testified that he met Petitioner also presented Norberto Bagsic (Bagsic), an witness, Mary Ann Ceriola.21
Gloria, a Filipino citizen, in Taiwan in 1991, and they were employee of the Municipal Civil Registrar of Carmona, Cavite.
married on August 9, 1992 at the Taipei Mosque in Taiwan.4 He Bagsic appeared under a letter of authority from the Municipal Felicitas Goo testified that Gloria Goo is her daughter and Syed
arrived in the Philippines in December of 1992. On January 9, Civil Registrar of Carmona, Cavite, and brought documents Azhar Abbas is her son-in-law, and that she was present at the
1993, at around 5 o’clock in the afternoon, he was at his pertaining to Marriage License No. 9969967, which was issued wedding ceremony held on January 9, 1993 at her house.22 She
mother-in-law’s residence, located at 2676 F. Muñoz St., to Arlindo Getalado and Myra Mabilangan on January 20, testified that she sought the help of Atty. Sanchez at the Manila
Malate, Manila, when his mother-in-law arrived with two men. 1993.9 City Hall in securing the marriage license, and that a week
He testified that he was told that he was going to undergo some before the marriage was to take place, a male person went to
ceremony, one of the requirements for his stay in the Bagsic testified that their office issues serial numbers for their house with the application for marriage license.23 Three
Philippines, but was not told of the nature of said ceremony. marriage licenses and that the numbers are issued days later, the same person went back to their house, showed
During the ceremony he and Gloria signed a document. He chronologically.10 He testified that the certification dated July her the marriage license before returning it to Atty. Sanchez
claimed that he did not know that the ceremony was a marriage 11, 2003, was issued and signed by Leodivina Encarnacion, who then gave it to Rev. Dauz, the solemnizing officer.24 She
until Gloria told him later. He further testified that he did not go Registrar of the Municipality of Carmona, Cavite, certifying further testified that she did not read all of the contents of the
to Carmona, Cavite to apply for a marriage license, and that he that Marriage License No. 9969967 was issued for Arlindo marriage license, and that she was told that the marriage license
Getalado and Myra Mabilangan on January 19, 1993, and that was obtained from Carmona.25 She also testified that a bigamy
case had been filed by Gloria against Syed at the Regional Trial license had been issued for Gloria and Syed.32 It also took into THE LOWER COURT ERRED IN NOT CONSIDERING, AS
Court of Manila, evidenced by an information for Bigamy dated account the fact that neither party was a resident of Carmona, A REQUISITE OF A VALID MARRIAGE, THE
January 10, 2003, pending before Branch 47 of the Regional Cavite, the place where Marriage License No. 9969967 was OVERWHELMING EVIDENCE SHOWING THAT A
Trial Court of Manila.26 issued, in violation of Article 9 of the Family Code.33 As the MARRIAGE CEREMONY TOOK PLACE WITH THE
marriage was not one of those exempt from the license APPEARANCE OF THE CONTRACTING PARTIES
As to Mary Ann Ceriola’s testimony, the counsels for both requirement, and that the lack of a valid marriage license is an BEFORE THE SOLEMNIZING OFFICER AND THEIR
parties stipulated that: (a) she is one of the sponsors at the absence of a formal requisite, the marriage of Gloria and Syed PERSONAL DECLARATION THAT THEY TOOK EACH
wedding of Gloria Goo and Syed Abbas on January 9, 1993; (b) on January 9, 1993 was void ab initio. OTHER AS HUSBAND AND WIFE IN THE PRESENCE OF
she was seen in the wedding photos and she could identify all NOT LESS THAN TWO WITNESSES OF LEGAL AGE.
the persons depicted in said photos; and (c) her testimony The dispositive portion of the Decision reads as follows:
corroborates that of Felicitas Goo and Atty. Sanchez. III
WHEREFORE, judgment is hereby rendered in favor of the
The respondent, Gloria, testified that Syed is her husband, and petitioner, and against the respondent declaring as follows: THE LOWER COURT ERRED IN NOT RULING ON THE
presented the marriage contract bearing their signatures as ISSUE OF ESTOPPEL BY LACHES ON THE PART OF THE
proof.27 She and her mother sought the help of Atty. Sanchez in 1. The marriage on January 9, 1993 between petitioner Syed PETITIONER, AN ISSUE TIMELY RAISED IN THE COURT
securing a marriage license, and asked him to be one of the Azhar Abbas and respondent Gloria Goo-Abbas is hereby BELOW.35
sponsors. A certain Qualin went to their house and said that he annulled;
will get the marriage license for them, and after several days The CA gave credence to Gloria’s arguments, and granted her
2. Terminating the community of property relations between the appeal. It held that the certification of the Municipal Civil
returned with an application for marriage license for them to
petitioner and the respondent even if no property was acquired Registrar failed to categorically state that a diligent search for
sign, which she and Syed did. After Qualin returned with the
during their cohabitation by reason of the nullity of the marriage the marriage license of Gloria and Syed was conducted, and
marriage license, they gave the license to Atty. Sanchez who
of the parties. thus held that said certification could not be accorded probative
gave it to Rev. Dauz, the solemnizing officer. Gloria testified
that she and Syed were married on January 9, 1993 at their value.36 The CA ruled that there was sufficient testimonial and
3. The Local Civil Registrar of Manila and the Civil Registrar
residence.28 documentary evidence that Gloria and Syed had been validly
General, National Statistics Office, are hereby ordered to cancel
married and that there was compliance with all the requisites
from their respective civil registries the marriage contracted by
Gloria further testified that she has a daughter with Syed, born laid down by law.37
petitioner Syed Azhar Abbas and respondent Gloria Goo-Abbas
on June 15, 1993.29
on January 9, 1993 in Manila. It gave weight to the fact that Syed had admitted to having
Gloria also testified that she filed a bigamy case against Syed, signed the marriage contract. The CA also considered that the
SO ORDERED.34
who had married a certain Maria Corazon Buenaventura during parties had comported themselves as husband and wife, and that
the existence of the previous marriage, and that the case was Gloria filed a Motion for Reconsideration dated November 7, Syed only instituted his petition after Gloria had filed a case
docketed as Criminal Case No. 02A-03408, with the RTC of 2005, but the RTC denied the same, prompting her to appeal the against him for bigamy.38
Manila.30 questioned decision to the Court of Appeals.
The dispositive portion of the CA Decision reads as follows:
Gloria stated that she and Syed had already been married on The Ruling of the CA
August 9, 1992 in Taiwan, but that she did not know if said WHEREFORE, premises considered, the appeal is GRANTED.
marriage had been celebrated under Muslim rites, because the In her appeal to the CA, Gloria submitted the following The Decision dated 05 October 2005 and Order dated 27
one who celebrated their marriage was Chinese, and those assignment of errors: January 2006 of the Regional Trial Court of Pasay City, Branch
around them at the time were Chinese.31 109, in Civil Case No. 03-0382-CFM are REVERSED and SET
I ASIDE and the Petition for Declaration of Nullity of Marriage
The Ruling of the RTC is DISMISSED. The marriage between Shed [sic] Azhar Abbas
THE LOWER COURT ERRED IN DECLARING THE
and Gloria Goo Abbas contracted on 09 January 1993 remains
In its October 5, 2005 Decision, the Pasay City RTC held that MARRIAGE BETWEEN THE PETITIONER AND
valid and subsisting. No costs.
no valid marriage license was issued by the Municipal Civil RESPONDENT AS NULL AND VOID DUE TO THE
Registrar of Carmona, Cavite in favor of Gloria and Syed, as ABSENCE OF A MARRIAGE LICENSE DESPITE SO ORDERED.
Marriage License No. 9969967 had been issued to Arlindo EVIDENCE CLEARLY SHOWING THAT THERE WAS
Getalado and Myra Mabilangan, and the Municipal Civil ONE.
Registrar of Carmona, Cavite had certified that no marriage
II