SYED AZHAR ABBAS V. GLORIA GOO ABBAS GR.

183896
FACTS:
Shyed, a Pakistani citizen, met Gloria, a Filipina, in Taiwan.
When he was at the Philippines, his mother-in-law arrived with two men, he
has told that he was going to undergo some ceremony but not told of its
nature. So it was marriage.
The marriage was performed by person authorized to solemnize the
marriage.
With a marriage license given by someone
Witnesses of not less than two of legal age
Marriage Certificate signed by both parties & witnesses attested by
solemnizing officer.
Petitioner files a petition to the RTC for declaration of nullity of marriage. He
alleged the absence of valid marriage license.
Respondent assails the petition by providing testimonial and documentary
records. She insisted that the marriage is valid and there was compliance
with all the requisites laid down by the law.
Local Civil Registrar issued a Certification that their Office had not issued a
Marriage License on the name of the Petitioner and Respondent.
RTC rendered decision on favour of the respondent and declared the marriage
annulled by reason of no valid marriage license issued by LCR and the
marriage license was issued in violation of Art. 9 of FC.
However, CA reversed the decision of the RTC by giving weight on record
which is replete with evidences.
ISSUE:
WON the marriage is valid.
HELD:
The Marriage is void.
The burden of proof lies upon the person challenging the validity of marriage.
Respondent failed to present the actual marriage license and relied only on
marriage contract as well as the testimonies of the witnesses.
LCR certified that there is no valid Marriage License was issued in favour of
the parties. Citing Art. 3, 4 and 35 (3).
The respondent failed to explain how and where the marriage license came
from. Neither could her mother, sponsors and other witnesses she presented
prove the existence of Marriage License.