G.R. No.

L-55960 November 24, 1988

YAO KEE, SZE SOOK WAH, SZE LAI CHO, and SY CHUN YEN, petitioners,

vs.

AIDA SY-GONZALES, MANUEL SY, TERESITA SY-BERNABE, RODOLFO SY, and

HONORABLE COURT OF APPEALS, respondents.

Facts:
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
P300,000.00 more or less. Respondents file for a petition for Aida too be declared
administratrix. Same was opposed by Yao Kee allenging that she’s the legal wife, that
the other oppositors are legitimate children Sze Sook must be declared administratrix.
Probate Court rendered judgment in favour of the petitioners but was modified by CA.
Petitioners on this petition before the SC raised the following issues, the invalidity of
Marriage of Sy Kiat and Yao Kee, the respondent’s recognition as natural children of Sy
Kiat with Asunsion Gallego. To support the allegation, petitoners presented various
testamentary evidence of Yao Kee and Asuncion Gallego stating that they have
knowledge and fully aware of the marriage of Yaok Kee to Sy Kiat in Fookien, China and
is legally valid under the Chinese Laws and Customs.

Issue:
Whether or not the Marriage oof SY Kiat and Yao Kee in Fookien is recognizable in the
Philippines as binding and valid.

Ruling:
Applying Art 71 of NCC which states that All marriages performed outside the
Philippines in accordance with the laws in force in the country where they were
performed and valid there as such, shall also be valid in this country, except bigamous,
Polygamous, or incestuous marriages, as determined by Philippine law,two things must
firrstbe established, the existence of the foreign law, and the foreign marriage by
convincing evidence. Since that the testament of Yao Kee and Gan Ching cannot be
considered as proof of the Chinese Law or custom on marriage because they are self
service and they are not competent to show that the law actually exists the validity of
the marriage cannot be recognized by this court. Since that the validity of the marriage
of Yao Kee and Sy Kiat has been failed to be proved by competent evidence, the court
cannot assume full validity moreso that the Chinese law and customs was also failed to
be proved the by the petitioners. With that in mind, it would be true to say that the
Petitioners in exclusion to Yao Kee are only natural Born Children of SY Kiat but not
acknowledged legitimate more so that evidences show that during Sy kiat’s stay in the
Philippines, he recognizes and acknowledges the existence of his children with
Ascunsion Gallego and not of his first alleged marriage.