Abbas vs. Abbas declaration of nullity of marrige for lack of marriage

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Transcript of Abbas vs. Abbas declaration of nullity of marrige for lack of marriage

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    Republic of the PhilippinesSUPREME COURTManila

    THIRD DIVISION

    SYED AZHAR ABBAS,Petitioner,

    - versus -

    GLORIA GOO ABBAS,Respondent.

    G.R. No. 183896Present:VELASCO, JR., 1., Chairperson,PERALTA,ABAD,MENDOZA, andLEONEN,JJ.

    Promulgated:January 30, 2013 f!. \ ~

    x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - e - - = ~ ~ r - -DECISION

    VELASCO, JR., J.:This is a Petition for Review on Certiorari under Rule 45 of the 1997Rules of Civil Procedure, questioning the Decision 1 of the Court of Appeals(CA) dated March 11, 2008 in CA-G.R. CV No. 86760, which reversed the

    Decision2 in Civil Case No. 03-0382-CFM dated October 5, 2005 of theRegional Trial Court (RTC), Branch 109, Pasay City, and theCA Resolutiondated July 24, 2008, denying petitioner's Motion for Reconsideration of theCA Decision.

    The present case stems from a petition filed by petitioner Syed AzharAbbas (Syed) for the declaration of nullity of his marriage to Gloria GooAbbas (Gloria) with the RTC of Pasay City, docketed as Civil Case No. 03-0382-CFM, and raffled to RTC Branch 109. Syed alleged the absence of amarriage license, as provided for in Article 4, Chapter I, Title 1 of ExecutiveOrder No. 269, otherwise known as the Family Code of the Philippines, as aground for the annulment of his marriage to Gloria.

    In the Marriage Contrace of Gloria and Syed, it is stated that MarriageLicense No. 9969967, issued at Carmona, Cavite on January 8, 1993, was1 Penned by Associate Justice Celia C. Librea-Leagogo and concurred in by Associate Justices

    Regalado E. Maambong and Myrna Dimaranan Vidal.2 Penned by Judge Tingaraan U. Guiling.'Rollo, p. 13. I

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    Decision G.R. No. 1838962

    presented to the solemnizing officer. It is this information that is crucial to

    the resolution of this case.

    At the trial court, Syed, a Pakistani citizen, testified that he met

    Gloria, a Filipino citizen, in Taiwan in 1991, and they were married on

    August 9, 1992 at the Taipei Mosque in Taiwan.4

    He arrived in the

    Philippines in December of 1992. On January 9, 1993, at around 5 oclock

    in the afternoon, he was at his mother-in-laws residence, located at 2676 F.

    Muoz St., Malate, Manila, when his mother-in-law arrived with two men.

    He testified that he was told that he was going to undergo some ceremony,

    one of the requirements for his stay in the Philippines, but was not told of

    the nature of said ceremony. During the ceremony he and Gloria signed a

    document. He claimed that he did not know that the ceremony was a

    marriage until Gloria told him later. He further testified that he did not go to

    Carmona, Cavite to apply for a marriage license, and that he had neverresided in that area. In July of 2003, he went to the Office of the Civil

    Registrar of Carmona, Cavite, to check on their marriage license, and was

    asked to show a copy of their marriage contract wherein the marriage license

    number could be found.5

    The Municipal Civil Registrar, Leodivinia C.

    Encarnacion, issued a certification on July 11, 2003 to the effect that the

    marriage license number appearing in the marriage contract he submitted,

    Marriage License No. 9969967, was the number of another marriage license

    issued to a certain Arlindo Getalado and Myra Mabilangan.6

    Said

    certification reads as follows:

    11 July 2003

    TO WHOM IT MAY CONCERN:

    This is to certify as per Registry Records of Marriage License filed in thisoffice, Marriage License No. 9969967 was issued in favor of MR.

    ARLINDO GETALADO and MISS MYRA MABILANGAN on January

    19, 1993.

    No Marriage License appear [sic] to have been issued to MR. SYED

    AZHAR ABBAS and MISS GLORIA F. GOO on January 8, 1993.

    This certification is being issued to Mr. Syed Azhar Abbas for whatever

    legal purpose or intents it may serve.7

    On cross-examination, Syed testified that Gloria had filed bigamy

    cases against him in 2001 and 2002, and that he had gone to the Municipal

    Civil Registrar of Carmona, Cavite to get certification on whether or not

    there was a marriage license on advice of his counsel.8

    4 Id. at 47.5 Id.6 Id. at 12.7 Id. at 10.8 Id. at 48.

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    Decision G.R. No. 1838963

    Petitioner also presented Norberto Bagsic (Bagsic), an employee of

    the Municipal Civil Registrar of Carmona, Cavite. Bagsic appeared under a

    letter of authority from the Municipal Civil Registrar of Carmona, Cavite,

    and brought documents pertaining to Marriage License No. 9969967, which

    was issued to Arlindo Getalado and Myra Mabilangan on January 20, 1993.9

    Bagsic testified that their office issues serial numbers for marriage licenses

    and that the numbers are issued chronologically.10

    He testified that the

    certification dated July 11, 2003, was issued and signed by Leodivina

    Encarnacion, Registrar of the Municipality of Carmona, Cavite, certifying

    that Marriage License No. 9969967 was issued for Arlindo Getalado and

    Myra Mabilangan on January 19, 1993, and that their office had not issued

    any other license of the same serial number, namely 9969967, to any other

    person.11

    For her part, Gloria testified on her own behalf, and presentedReverend Mario Dauz, Atty. Lorenzo Sanchez, Felicitas Goo and May Ann

    Ceriola.

    Reverend Mario Dauz (Rev. Dauz) testified that he was a minister of

    the Gospel and a barangay captain, and that he is authorized to solemnize

    marriages within the Philippines.12

    He testified that he solemnized the

    marriage of Syed Azhar Abbas and Gloria Goo at the residence of the bride

    on January 9, 1993.13

    He stated that the witnesses were Atty. Lorenzo

    Sanchez (Atty. Sanchez) and Mary Ann Ceriola.14

    He testified that he had

    been solemnizing marriages since 1982, and that he is familiar with the

    requirements.15

    Rev. Dauz further testified that Atty. Sanchez gave him the

    marriage license the day before the actual wedding, and that the marriage

    contract was prepared by his secretary.16

    After the solemnization of the

    marriage, it was registered with the Local Civil Registrar of Manila, and

    Rev. Dauz submitted the marriage contract and copy of the marriage license

    with that office.17

    Atty. Sanchez testified that he was asked to be the sponsor of the

    wedding of Syed Abbas and Gloria Goo by the mother of the bride, FelicitasGoo.

    18He testified that he requested a certain Qualin to secure the marriage

    license for the couple, and that this Qualin secured the license and gave the

    same to him on January 8, 1993.19

    He further testified that he did not know

    where the marriage license was obtained.20

    He attended the wedding

    ceremony on January 9, 1993, signed the marriage contract as sponsor, and

    9 Id. at 49, January 19, 1993 in some parts of the records.10 Id.11 Id. at 49-50.12 Id. at 50.13 Id.14 Id.15 Id.16 Id. at 51.17 Id.18 Id.19 Id.20 Id. at 52.

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    Decision G.R. No. 1838964

    witnessed the signing of the marriage contract by the couple, the

    solemnizing officer and the other witness, Mary Ann Ceriola.21

    Felicitas Goo testified that Gloria Goo is her daughter and Syed Azhar

    Abbas is her son-in-law, and that she was present at the wedding ceremony

    held on January 9, 1993 at her house.22

    She testified that she sought the help

    of Atty. Sanchez at the Manila City Hall in securing the marriage license,

    and that a week before the marriage was to take place, a male person went to

    their house with the application for marriage license.23

    Three days later, the

    same person went back to their house, showed her the marriage license

    before returning it to Atty. Sanchez who then gave it to Rev. Dauz, the

    solemnizing officer.24

    She further testified that she did not read all of the

    contents of the marriage license, and that she was told that the marriage

    license was obtained from Carmona.25

    She also testified that a bigamy case

    had been filed by Gloria against Syed at the Regional Trial Court of Manila,evidenced by an information for Bigamy dated January 10, 2003, pending

    before Branch 47 of the Regional Trial Court of Manila.26

    As to Mary Ann Ceriolas testimony, the counsels for both parties

    stipulated that: (a) she is one of the sponsors at the wedding of Gloria Goo

    and Syed Abbas on January 9, 1993; (b) she was seen in the wedding photos

    and she could identify all the persons depicted in said photos; and (c) her

    testimony corroborates that of Felicitas Goo and Atty. Sanchez.

    The respondent, Gloria, testified that Syed is her husband, and

    presented the marriage contract bearing their signatures as proof.27

    She and

    her mother sought the help of Atty. Sanchez in securing a marriage license,

    and asked him to be one of the sponsors. A certain Qualin went to their

    house and said that he will get the marriage license for them, and after

    several days returned with an application for marriage license for them to