YAO KEE vs. SY-GONZALES
(YUI-YIP) marriage not proven to be
Ponente: Cortes, J.
Doctrine: Article 26 FC- All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were solemnized, and
valid there as such shall be valid in this country except those prohibited under
articles 35, 36, 37 and 38.
ISSUE: WON Sy Kiat and Yao Kees marriage in China is valid here in the
RULING: CFI- appointed Sze Sook Wah as the administrator of the estate; CA-
Philippines
modified and set aside RTC decision; SC-AFFIRMED CA decision
HELD:
Facts:
On January 17, 1977- Sy Kiat a Chinese national died in his residence in
Caloocan City. He left real & personal properties worth P300,000.00 more
or less.
The petitioners are Sy Kiats children with Asuncion Gillego. They are
Claiming that Sy Kiat died intestate and do not recognize the marriage of Sy
Kiat to Yao Kee.
The petitioners are nominating one of their sisters Aida Sy-Gonzales to be
the administrator of the estate of the deceased.
Yao Kee and children opposed the petition.
Yao Kee is the lawful wife of Sy Kiat. They were married in China on Jan.
19, 1931. The respondents are nominating their eldest sister, Sze Sook Wah
to be the administrator of the estate of the deceased.
CA declared petitioner AIDA SY-GONZALES, MANUEL SY, TERESITA
SY-BERNABE, RODOLFO SY acknowledged natural children of the
deceased Sy Kiat with Asuncion Gillego
CA declaring respondents. SZE SOOK WAH, SZE LAI CHU, SZE CHUN
YEN, ACKNOWLEDGED NATURAL CHILDREN OF THE DECEASED
Failure to establish the marriage of Yao Kee to Sy Kiat according to the
laws of China, they cannot be accorded the status of legitimate children but
only that of acknowledged natural children. Petitions are natural children, it
SY KIAT with YAO KEE A.K.A.
valid in CHINA.
CA declaring the deed of sale executed by Sy Kiat in favour of TOMAS SY
of Avenue Tractor & Diesel Parts Supply to be valid & exclude from the
estate of the deceased.
CA affirming the appointment, CFI of Sze Sook Wah as judicial
administrator of the estate of the deceased.
No. Custom must be proved as a fact, according to the rules of evidence
(Art 12 NCC)
A local custom as a source of right cannot be considered by a court of
justice unless such custom is properly established by competent evidence.
To establish a valid foreign marriage. Two things must be proven:
1. Existence of a foreign law as a question of fact.
2. Alleged foreign marriage by convincing evidence.
In the absence of a foreign law, it must be proven to be recognized.
In the absence of proof of Chinese law on marriage, it is presumed that it is
the same as ours. Elements were checked.
- No solemnizing officer
- No marriage contract
Since Yao Kee admitted in her testimony that there was no solemnizing
officer and no marriage certificate as is known here in the Philippines,
when her alleged marriage to Sy Kiat was celebrated it therefore follows
that her marriage to Sy Kiat even if true, cannot be recognized in this
jurisdiction.
appearing that at the time of their conception Yao Kee and Sy Kiat were not
disqualified by any impediment to marry one another (NCC 269) and they
are acknowledged children of the deceased because Sy Kiats recognition of
Sze Sook Wah.