YAO KEE V. SY-GONZALES 167 SCRA 736

FACTS:

Sy Kiat, a Chinese national, died in Calooocan City where he was then residing leaving behind real and personal properties here in the Philippines worth P300,000.00 more or less. He has a marriage with Asuncion Gillego, but does not have a marriage license. They are common-law husband and wife, as they’ve been together for the past 25 years until his death.Private respondents (Aida Sy-Gonzales et al.,) filed a petition for the grant of letters or administration alleging that they were the children of the deceased with Asuncion Gillego. Petition was opposed by herein petitioners (Yao Kee et al.,) alleging that they were the legitimate family.The probate court found that Sy Kiat has a marriage with Yao Kee back in China, in accordance to Chinese custom. Yao Kee testifies the ff: There is no solemnizing officer as decided by tradition and she doubts that she could produce a marriage certificate or contract since “it has been many years”, and that the Chinese government does not issue such documents.

Furthermore, this allegation is bolstered by a written agreement between the two, wherein it details provisions for support and inheritance with regards to their children.

Yao Kee camp: a) Yao Kee is the legitimate wife, b) we are the legitimate children of Sy Kiat and c) we nominate our eldest sibling to be administratix of Sy Kiat’s properties.

Asuncion Gillego camp: a) We are the legitimate children of Sy Kiat, b) to the best of our knowledge Sy Kiat died intestate (he did not leave a will), c) we do not recognize Sy Kiat’s marriage to Yao Kee, and d) we nominate our eldest sibling to be administratix of Sy Kiat’s properties. The lower court likewise ruled that respondents are the acknowledged illegitimate offspring of Sy Kiat with Asuncion Gillego.

RTC: Yao Kee camp wins and Gillego camp is recognized as illegitimate children. On appeal, the lower court’s decision was set aside declaring petitioners as the acknowledge natural children of Sy Kiat and Asuncion Gillego.

CA: a) Gillego camp are acknowledged natural children, b) Yao Kee camp are also acknowledged natural children and c) administration is vested on Yao Kee camp. ISSUE:

Was the fact of marriage of Sy Kiat and Yao Kee in China proven as a custom? WoN the Yao Kee marriage to Sy Kiat is recognized in Philippine jurisdiction?

HELD:

Court of Appeals is affirmed.

Custom is defined as “a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory.” The law requires that “a custom must be proved as a fact, according to the rules of evidence.” [Article 12, Civil Code] On this score the Court had occasion to state that “ 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 like any other fact. The same evidence, if not one of a higher degree, should be required of a foreign custom.Construing this provision of law the 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.

In the case at bar petitioners did not present any competent evidence relative to the law and custom of China on marriage. The testimonies of Yao and Gan Ching (brother) 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.

However, as petitioners failed to establish the marriage of Yao Kee with Sy Kiat according to the laws of China, they cannot be accorded the status of legitimate children but only that of acknowledged natural children. Petitioners are natural children; it appearing that at the time of their conception Yao Kee and Sy Kiat were not disqualified by any impediment to marry one another. [See Art. 269, Civil Code] And they are acknowledged children of the deceased because of Sy Kiat’s recognition of Sze Sook Wah and its extension to Sze Lai Cho and Sy Chun Yen who are her sisters of the full blood.

Private respondents on the other hand are also the deceased’s acknowledged natural children with Asuncion Gillego ,a Filipina with whom he lived for 25 years without the benefit of marriage. They have in their favor their father’s acknowledgment, evidence by a compromise agreement entered into by and between their parents and approved by the CFI wherein Sy Kiat not only acknowledged them as his children by Asuncion Gillego but likewise made provisions for their support and future inheritance.