Yao Kee v.

Sy-Gonzales
November 24, 1988 | Cortes, J.
Binding Effect

Doctrine: To establish a valid foreign marriage, the existence of the foreign law as a
question of fact and the alleged foreign marriage by convincing evidence must be proven.

Case Summary: Sy Kiat died in 1977 and left behind real and personal properties in PH
worth ~Php300K. Sy Kiat had children with Yao Kee in China and Asuncion Gallego
in Manila. The latter’s children filed a petition for the grant of letters of administration.
This was opposed by Yao Kee alleging that she is the lawful wife and her children are
legitimate. Probate court ruled in favor of Yao Kee. However, the decision was
reversed by the Court of Appeals, when legality of the alleged marriage of Sy Kiat to Yao
Kee in China had not been proven to be valid to the laws of China. SC affirms the Court of
Appeals decision.

Facts:
1. Sy Kiat, a Chinese national, died on January 17, 1977 in Caloocan City where he
was then residing, leaving behind real and personal properties here in the
Philippines worth P300,000 more or less.
2. Respondents filed a petition for the grant of letters of administration in the Court
of First Instance of Rizal Branch XXXIII, Caloocan City alleging that they do not
recognize Sy Kiat's marriage to Yao Kee nor the filiation of her children to him.
3. The petition was opposed by Yao Kee et al., alleging that Yao Kee is the lawful
wife of Sy Kiat whom he married on January 19,1931 in China.
4. Probate court found that Yao Kee was legally married to Sy-Kiat and that their
three children were legitimate.
5. On appeal, the Court of Appeals modified the decision of the probate court and
declared that Yao Kee’s children with Sy-Kiat as being only acknowledged
natural children since the legality of the alleged marriage of Sy Kiat to Yao Kee
in China had not been proven.

Issue: W/N marriage of Sy Kiat to Yao Kee valid? –NO

Ruling:
1. Court has held that to establish a valid foreign marriage two things must be
proven, namely: (1) the existence of the foreign law as a question of fact; and (2)
the alleged foreign marriage by convincing evidence.
2. Custom must be proved as a fact according to the rules on evidence. Petitioner did
not present any competent evidence relative to the law and custom of China on
marriage. The testimonies of Yao and Gan Ching cannot be considered as proof of
China's law or custom on marriage not only because they are self-serving
evidence, but more importantly, there is no showing that they are competent to
testify on the subject matter. For failure to prove the foreign law or custom, and
consequently, the validity of the marriage in accordance with said law or custom,
 the marriage between Yao Kee and Sy Kiat cannot be recognized in this
jurisdiction.

Disposition: Decision of Court of Appeals is affirmed.