Yao Kee v. Sy-Gonzales, 167 SCRA 786

FACTS: Sy Kiat is a Chinese national who died on January 17, 1977 in Caloocan City where he was then residing, leaving behind real and personal properties here in the Philippines worth about P300,000. Aida Sy-Gonzales et al filed a petition for the grant of letters of administration and alleged that (a) they are the children of the deceased with Asuncion Gillego; (b) to their knowledge Sy Mat died intestate; (c) they do not recognize Sy Kiat's marriage to Yao Kee nor the filiation of her children to him. The petition was opposed by Yao Kee et al who alleged that she is the lawful wife of Sy Kiat whom he married on January 19, 1931 in China and the other oppositors are the legitimate children of the deceased with Yao Kee. Probate court ruled that Sy Kiat was legally married to Yao Kee and the other oppositors were legitimate children of Sy Mat. On appeal, CA simply modified probate court’s judgment and stated that Aida Sy-Gonzales et al are natural children of Sy Mat. They filed a motion for reconsideration but was denied. Hence, this petition.

ISSUE: Whether or not the marriage of Yao Kee and Sy Kiat is valid in accordance with Philippine laws.

HELD: For a marriage to be recognized as valid, the existence of foreign law as a question of fact and the alleged marriage must be proven by clear and 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 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.