Yao Kee vs. Sy-Gonzales

Case Digest

G.R. No. L-55960 

November 24, 1988

Facts:

Sy Kiat, a Chinese national died in Caloocan City where he was then residing, leaving behind real and personal properties here in the Philippines worth P300,000.00 more or less.

Thereafter, respondents filed a petition for the grant of letters of administration and appointment as administratrix one of the respondents.

The petition was opposed by the petitioners alleging that: (a) Yao Kee is the lawful wife of Sy Kiat whom he married in China; (b) the other oppositors are the legitimate children of the deceased with Yao Kee; and, (c) Sze Sook Wah is the eldest among them and is competent, willing and desirous to become the administratrix of the estate of Sy Kiat.

The lower court ruled that Yao Kee is the lawful wife of Sy Kiat and the other oppositors are the legitimate children.  The eldest was appointed as the administratrix of the estate of Sy Kiat.

However, Court of Appeals modified the decision and rendered that the legality of the marriage of Sy Kiat and Yao Kee had not been proven to be valid to the laws of China.

Issue:

Whether or not oral testimonies, such as those presented by the petitioners are sufficient to establish validity of foreign marriage?

Ruling:

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.  Without proofs of said requisites, the foreign marriage cannot be recognized in this country.

In this case the petitioners did not present any competent evidence relative to the law and custom of China on marriage. The testimonies presented 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.