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    8 - Yao Kee V Sy-Gonzales - Arts. 11 and 12

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    Nelda Enriquez
    The Supreme Court ruled that Yao Kee, who claimed to be the widow of Sy Kiat, failed to prove that her marriage to Sy Kiat in China was valid under Chinese law or custom, as required. The testimonies provided by Yao Kee and her brother were not sufficient on their own to establish the foreign law. Therefore, Yao Kee and her children were found to only have the legal status of acknowledged natural children of Sy Kiat, rather than legitimate children from a proven valid marriage. The Court of Appeals decision was upheld declaring all the claiming parties to be acknowledged natural children of Sy Kiat.

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    8 - Yao Kee V Sy-Gonzales - Arts. 11 and 12

    Uploaded by

    Nelda Enriquez
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    The Supreme Court ruled that Yao Kee, who claimed to be the widow of Sy Kiat, failed to prove that her marriage to Sy Kiat in China was valid under Chinese law or custom, as required. The testimonies provided by Yao Kee and her brother were not sufficient on their own to establish the foreign law. Therefore, Yao Kee and her children were found to only have the legal status of acknowledged natural children of Sy Kiat, rather than legitimate children from a proven valid marriage. The Court of Appeals decision was upheld declaring all the claiming parties to be acknowledged natural children of Sy Kiat.

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    8_Yao Kee v Sy-Gonzales_Arts. 11 and 12

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    The Supreme Court ruled that Yao Kee, who claimed to be the widow of Sy Kiat, failed to prove that her marriage to Sy Kiat in China was valid under Chinese law or custom, as required. The testimonies provided by Yao Kee and her brother were not sufficient on their own to establish the foreign law. Therefore, Yao Kee and her children were found to only have the legal status of acknowledged natural children of Sy Kiat, rather than legitimate children from a proven valid marriage. The Court of Appeals decision was upheld declaring all the claiming parties to be acknowledged natural children of Sy Kiat.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    55 views2 pages

    8 - Yao Kee V Sy-Gonzales - Arts. 11 and 12

    Uploaded by

    Nelda Enriquez
    The Supreme Court ruled that Yao Kee, who claimed to be the widow of Sy Kiat, failed to prove that her marriage to Sy Kiat in China was valid under Chinese law or custom, as required. The testimonies provided by Yao Kee and her brother were not sufficient on their own to establish the foreign law. Therefore, Yao Kee and her children were found to only have the legal status of acknowledged natural children of Sy Kiat, rather than legitimate children from a proven valid marriage. The Court of Appeals decision was upheld declaring all the claiming parties to be acknowledged natural children of Sy Kiat.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    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.
    No. L-55960. November 24, 1988
    Art. 11. Customs which are contrary to law, public order, and public policy shall
    not be countenanced.

    Art. 12. A custom must proved a fact, according to the rules of evidence

    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
    Php 300,000.00 more or less.

    Thereafter, Aida Sy Gonzales, Manuel Sy, Teresita Sy-Bernabe, and Rodolfo Sy filed a
    petition for the grant letters of administration that (a) they are the children of the
    deceased with Asuncion Gillego; (b) to their knowledge Sy Kiat died intestate; (c) they
    do not recognize Sy Kiat’s marriage to Yao Kee nor the filiation of her children to him;
    and, (d) they nominate Aida Sy-Gonzales for appointment as administratix of the
    intestate estate of the deceased.

    The petition was opposed by Yao Kee, Sze Sook Wah, Sze Lai Cho and Sy Yun Chen
    who alleged that: (a) Yao Kee is the lawful wife of Sy Kiat whom he married on January
    19, 1931 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 administratix of the estate of Sy Kiat.

    The probate court ruled that: (a) Sy Kiat was legally married to Yao Kee, (b) Sze Sook
    Wah, Sze Lai Cho, and Sze Chun Yen are the legitimate children of Yao Kee with Sy
    Kiat; and (c) Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe and Rodolfo Sy are
    the acknowledged illegitimate offsprings of Sy Kiat with Asuncion Gillego. The Court of
    Appeals modified and set aside the decision of the probate court and rendered a new
    judgment that: (a) Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe and Rodolfo Sy
    acknowledged natural children of the deceased Sy Kiat with Asuncion Gillego; and (b)
    Sze Sook Wah, Sze Lai Chu, and Sze Chun Yen are also acknowledged natural
    children. Both parties moved for partial reconsideration, which was however denied by
    respondent court.

    ISSUE:

    Whether or not the marriage of Yao Kee and Sy Kiat in China proven as a custom
    RULING:

    No. The law requires that “a custom must be proved as a fact, according to the rules of
    evidence”. 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.

    Yao Kee did not present any strong evidence. The testimonies of Yao Kee and Gan
    Ching, the younger brother of Yao, 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, the validity of the marriage between Yao
    Kee and Sy Kiat cannot be recognized.

    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.

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