In a pivotal ruling, the Supreme Court of the Philippines affirmed that a marriage is void ab initio (from the beginning) if it lacks a valid marriage license, a formal requirement under the Family Code. This decision underscores the strict adherence to procedural formalities in marriage, clarifying that even if a wedding ceremony occurs, the absence of a valid license renders the union legally invalid. This ruling has significant implications for individuals seeking to annul their marriages based on technical defects, emphasizing the necessity of complying with all legal prerequisites.

When a Marriage Certificate Masks a Legal Void: The Abbas Case

The case of Syed Azhar Abbas v. Gloria Goo Abbas, G.R. No. 183896, revolved around Syed’s petition to nullify his marriage to Gloria based on the absence of a valid marriage license. Syed, a Pakistani citizen, and Gloria, a Filipino citizen, had a marriage ceremony in the Philippines on January 9, 1993. In their marriage contract, it was stated that Marriage License No. 9969967, issued at Carmona, Cavite on January 8, 1993, was presented to the solemnizing officer. However, Syed later discovered that this license number pertained to another couple. He then sought a declaration of nullity of his marriage.

The Regional Trial Court (RTC) initially ruled in favor of Syed, declaring the marriage void ab initio due to the lack of a valid marriage license. The RTC emphasized that the presented marriage license number belonged to another couple, and neither party resided in Carmona, Cavite, where the license was purportedly issued, violating Article 9 of the Family Code. On appeal, the Court of Appeals (CA) reversed the RTC’s decision, giving credence to Gloria’s arguments and holding that the certification from the Municipal Civil Registrar was insufficient to prove the absence of a marriage license. The CA stated that the evidence showed that a marriage ceremony took place and all legal requisites were complied with. Syed then elevated the case to the Supreme Court.

The Supreme Court, in reversing the CA’s decision, underscored the mandatory nature of a valid marriage license as a formal requisite for a valid marriage under the Family Code. Article 3 of the Family Code specifies the formal requisites of marriage: (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony. Article 4 further stipulates: “The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35(2).” This legal framework clearly establishes that the absence of a marriage license, unless the marriage falls under specific exceptions (which were not applicable in this case), results in a void marriage.

The Court meticulously examined the evidence presented by both parties. Syed presented a certification from the Municipal Civil Registrar of Carmona, Cavite, stating that Marriage License No. 9969967 was issued to Arlindo Getalado and Myra Mabilangan, not to Syed and Gloria. The Court found this certification to be credible evidence of the non-issuance of a marriage license to the couple. The CA had previously dismissed this certification, pointing out that it did not explicitly state that a “diligent search” had been conducted, as required by Section 28, Rule 132 of the Rules of Court. However, the Supreme Court disagreed, invoking the disputable presumption under Sec. 3(m), Rule 131 of the Rules of Court, which states that an official duty has been regularly performed. The Court reasoned that absent any evidence to the contrary, it should be presumed that the Municipal Civil Registrar had properly performed her duty in checking the records.

The Supreme Court also highlighted Gloria’s failure to present the actual marriage license or a copy thereof. This failure was deemed significant, as it weakened her claim that a valid marriage license had been issued. The Court noted that Gloria did not explain why the marriage license was secured in Carmona, Cavite, where neither party resided. Furthermore, witnesses presented by Gloria could not definitively prove the existence of the marriage license, as none of them had personally applied for it in Carmona, Cavite. The Court cited the case of Republic v. Court of Appeals, where a certification from the Civil Registrar was deemed sufficient to prove the non-issuance of a marriage license. In this case, the Court stated:

The above Rule authorized the custodian of the documents to certify that despite diligent search, a particular document does not exist in his office or that a particular entry of a specified tenor was not to be found in a register. As custodians of public documents, civil registrars are public officers charged with the duty, inter alia, of maintaining a register book where they are required to enter all applications for marriage licenses, including the names of the applicants, the date the marriage license was issued and such other relevant data.

Building on this principle, the Court emphasized that the burden of proving the validity of the marriage rested on Gloria, who alleged that a valid marriage license had been secured. Since Gloria failed to discharge this burden, the Court concluded that no valid marriage license had been issued. The Court also dismissed the CA’s reliance on other evidence, such as the wedding ceremony and the signing of the marriage contract, stating that these factors could not cure the absence of a valid marriage license. Article 35(3) of the Family Code explicitly states that marriages solemnized without a license are void from the beginning, unless they fall under specific exceptions, which were not applicable in this case.

It is also worth mentioning the relevance of the case of Cariño v. Cariño, where the Court held that the certification of the Local Civil Registrar that their office had no record of a marriage license was adequate to prove the non-issuance of said license. The Court also added that the presumed validity of the marriage had been overcome, placing the burden on the party alleging a valid marriage to prove its validity and the securing of the required marriage license. Therefore, the Supreme Court, in its final ruling, granted Syed’s petition, reversing the CA’s decision and reinstating the RTC’s declaration of nullity of the marriage. The Court emphasized that the absence of a valid marriage license is a fundamental defect that renders the marriage void ab initio.

FAQs

What was the key issue in this case?	The central issue was whether the marriage between Syed and Gloria was valid, considering the alleged absence of a valid marriage license. The court had to determine if the certification from the Municipal Civil Registrar was sufficient evidence to prove the non-issuance of the license.
What does “void ab initio” mean?	“Void ab initio” means void from the beginning. In this context, it means that the marriage is considered invalid from the moment it was purportedly solemnized, as if it never existed in the eyes of the law.
What are the formal requisites of marriage in the Philippines?	Under the Family Code, the formal requisites of marriage are: (1) authority of the solemnizing officer; (2) a valid marriage license (except in specific cases); and (3) a marriage ceremony where the parties declare they take each other as husband and wife in the presence of witnesses.
What if there is no marriage license?	Generally, the absence of a valid marriage license renders the marriage void ab initio, meaning it is invalid from the beginning. There are exceptions, such as marriages in articulo mortis (at the point of death) or those of Muslims and members of ethnic cultural communities solemnized under their customs.
What evidence did Syed present to prove the lack of a marriage license?	Syed presented a certification from the Municipal Civil Registrar of Carmona, Cavite, stating that the marriage license number indicated on his marriage contract was issued to another couple. He also presented a certified machine copy of the marriage license issued to that other couple.
Why did the Court give weight to the certification from the Municipal Civil Registrar?	The Court invoked the presumption that public officials perform their duties regularly. It considered the Municipal Civil Registrar’s certification as credible evidence, especially since Gloria failed to present the actual marriage license or a copy thereof.
What was the CA’s reasoning for reversing the RTC’s decision?	The CA reasoned that the certification from the Municipal Civil Registrar was insufficient because it did not explicitly state that a “diligent search” had been conducted. The CA also considered other evidence, like the wedding ceremony and the signing of the marriage contract.
How did the Supreme Court address the CA’s reasoning?	The Supreme Court stated that there was no requirement that a certification needed a categorical declaration and invoked the presumption of regularity of official acts. Additionally, they mentioned that the wedding ceremony and marriage contract could not cure the absence of a marriage license.

In conclusion, the Supreme Court’s decision in Syed Azhar Abbas v. Gloria Goo Abbas reaffirms the critical importance of adhering to the formal requisites of marriage, particularly the necessity of obtaining a valid marriage license. This case serves as a reminder that procedural compliance is essential for a marriage to be recognized as valid under Philippine law. The ruling reinforces the principle that the absence of a marriage license, in most circumstances, renders a marriage void from its inception.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SYED AZHAR ABBAS VS. GLORIA GOO ABBAS, G.R. No. 183896, January 27, 2013