Persons and Family Relations | Professor Kat Legarda
Case Digest TOPIC: Validity of Marriage Abroad DOCTRINE: Lex loci celebrationis CASE Number: G.R. No. L-55960 | November 24, 1988 CASE Name: Yao Kee v. Sy-Gonzales Ponente: Cortes, J. FACTS Sy Kiat, a Chinese national died on January 17, 1977 in Caloocan City leaving behind P300 000 worth of properties in the Philippines Aida Sy-Gonzales, Manuel Sy, Teresita Sy, Bernabe Sy, and Rodolfo Sy alleged that: a) They are Sy Kiats children with Asuncion Gallego b) Sy Mat (ikr who the fck is Sy Mat) died intestate c) Sy Kiats marriage to Yao Kee is not recognized d) Aida should be held as judicial administratix. Yao Kee, Sze Sook Wah, Sze Lai Cho, and Sy Yun Chen opposed and counter-alleged that: a) Yao Kee was Sy Kiats wife. They married on Jan. 19, 1931 in China b) Other oppositers are his legitimate children c) Sze Sook Wah being the oldest should be the administratix Probate court found that: 1. Sy Kiat was legally married to Yao Kee 2. Sze Sook Wah et al are legitimate children of Yao Kee and Sy Mat 3. Aida et al are acknowledged illegitimate offspring of Sy Kiat with Asuncion Gallego CA modified, saying that: 1. Aida et al are natural children of Sy Kiat with Asuncion Gallego, whom he lived with for years without the benefit of marriage. 2. Sze Sook Wah et al are natural children with Yao Kee aka Yui Yip. Yao Kees marriage with Sy Mat not proven to be valid to the laws of Chinese Peoples Republic of China 3. There was a valid deed of sale to Thomas Sy on Dec. 7, 1976 as such, property should be excluded. 4. Sze Sook Wah as administratix The following are evidences served to prove Sy Kiat and Yao Kees marriage: 1. Testimonies of Yao Kee, Gan Ching, her younger brother, and Asuncion Gallego 2. Sy Kiats Master Card of Registered Alien on October 3, 1972 with the ff details Marital Status: Married Spouse: Yao Kee Address: China Date: 1931 3. Sy Kiats Alien Certification of Registration issued Jan. 12, 1968 with these details Civil Status: Married Spouse: Yao Kee Chingkang, China
4. Certificate issued in Manila on Oct. 28, 1977 by the Embassy of the
Peoples Republic of China: according to the information available at the Embassy, Mr. Sy Kiat, a Chinese national and Mrs. Yao Kee aka Yui Yip, also Chinese, were married on January. 19, 1931 in Fookien, Peoples Republic of China. ISSUES 1. Whether or not Sy Kiat and Yao Kees marriage is valid in accordance with Chinese law or custom HELD (including the Ratio Decidendi) (1) NO. Yan Kee and Gan Chings testimonies cannot be considered a proof because there is no showing that they are competent to testify (in accordance to Rules of Court 132, Sec 25). Philippine Courts cannot take judicial notice of foreign laws as they must be alleged and proved as any other fact. In the absence of proof of the Chinese law on marriage, it should be presumed that it is the same as ours. And as marriage was not established, children cannot be accorded status of legitimate, only acknowledged and natural. RULING: Wherefore the Court of Appeals decision is AFFIRMED.