document18

PROCESSUAL PRESUMPTION

YAO KEE vs. AIDA SY-GONZALESG.R. No. L-55960November 24, 1988

Facts:Sy Kiat, a Chinese National died on January 17, 1977, leaving behind real and personal properties here in the Philippines worth more or less Php 300,000. Thereafter, Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe, and Rodolfo Sy filed a petition alleging that they are the children of the deceased with Asuncion Gillego. However, Yao Kee testified that she was married to Sy Kiat on Jan. 19, 1981 through a Chinese marriage with Sze Sook Wah, Sze Lai Cho, and Chun Yen as their children. Petitioners provided that fact of marriage through evidences like Yao Kees and Gan Chings testimony, Sy Kiats Master Card of Registration stating his marriage with Yao Kee, and the certificate by the Embassy of the Peoples Republic of China affirming the fact of the marriage.

Issue:Whether or not the marriage of Sy Kiat and Yao Kee was valid.

Ruling:Under Article 71 of the Civil Code to establish the validity of foreign marriages the existence of the foreign law as a question of fact must be proven and the alleged foreign marriage must be proven by convincing evidence. The petitioners have provided the fact of marriage however the same do not suffice to establish the validity of said marriage with Chinese Law or custom. In such absence of foreign law, the doctrine of processual presumption must be applied. The Supreme Court then held that in the absence of a foreign law it must be presumed as the same as ours. In the Philippine Laws, a marriage cannot be valid without the presence of a solemnizing officer; therefore the marriage of Sy Kiat to Yao Kee was null and void