University of the Philippines College of Law

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.