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    Adong Vs Cheong

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    Ceasar Entila
    Cheong Boo died in the Philippines leaving an estate worth nearly $100,000. His estate was claimed by Cheong Seng Gee, who alleged he was Cheong Boo's legitimate son from a 1895 Chinese marriage. The estate was also claimed by Mora Adong, who alleged she married Cheong Boo in 1896 in the Philippines, and that her two daughters were also legitimate heirs. The trial court found the Chinese marriage was not sufficiently proven but recognized Cheong Seng Gee as a natural child. It also found the Philippine marriage to Mora Adong was proven but not legally valid, so her daughters would inherit as natural children. The Supreme Court upheld the Chinese marriage was not proven valid but found the

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    Adong Vs Cheong

    Uploaded by

    Ceasar Entila
    116 views2 pages
    Cheong Boo died in the Philippines leaving an estate worth nearly $100,000. His estate was claimed by Cheong Seng Gee, who alleged he was Cheong Boo's legitimate son from a 1895 Chinese marriage. The estate was also claimed by Mora Adong, who alleged she married Cheong Boo in 1896 in the Philippines, and that her two daughters were also legitimate heirs. The trial court found the Chinese marriage was not sufficiently proven but recognized Cheong Seng Gee as a natural child. It also found the Philippine marriage to Mora Adong was proven but not legally valid, so her daughters would inherit as natural children. The Supreme Court upheld the Chinese marriage was not proven valid but found the

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    Adong vs Cheong

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    Cheong Boo died in the Philippines leaving an estate worth nearly $100,000. His estate was claimed by Cheong Seng Gee, who alleged he was Cheong Boo's legitimate son from a 1895 Chinese marriage. The estate was also claimed by Mora Adong, who alleged she married Cheong Boo in 1896 in the Philippines, and that her two daughters were also legitimate heirs. The trial court found the Chinese marriage was not sufficiently proven but recognized Cheong Seng Gee as a natural child. It also found the Philippine marriage to Mora Adong was proven but not legally valid, so her daughters would inherit as natural children. The Supreme Court upheld the Chinese marriage was not proven valid but found the

    Copyright:

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

    Adong Vs Cheong

    Uploaded by

    Ceasar Entila
    Cheong Boo died in the Philippines leaving an estate worth nearly $100,000. His estate was claimed by Cheong Seng Gee, who alleged he was Cheong Boo's legitimate son from a 1895 Chinese marriage. The estate was also claimed by Mora Adong, who alleged she married Cheong Boo in 1896 in the Philippines, and that her two daughters were also legitimate heirs. The trial court found the Chinese marriage was not sufficiently proven but recognized Cheong Seng Gee as a natural child. It also found the Philippine marriage to Mora Adong was proven but not legally valid, so her daughters would inherit as natural children. The Supreme Court upheld the Chinese marriage was not proven valid but found the

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
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    Adong vs Cheong Seng Gee

    FACTS:

    Cheong Boo, a native of China, died intestate in Zamboanga, Philippine Islands, on August 5,
    1919. He left property worth nearly P100,000. The estate of the deceased was claimed, on the
    one hand, by Cheong Seng Gee, who alleged that he was a legitimate child by a marriage
    contracted by Cheong Boo with Tan Dit in China in 1895. The estate was claimed, on the other
    hand, by the Mora Adong who alleged that she had been lawfully married to Cheong Boo in
    1896 in Basilan, Philippine Islands, and her daughters, Payang, married to Cheng Bian Chay,
    and Rosalia Cheong Boo, unmarried.

    The conflicting claims to the estate of Cheong Boo were ventilated in the Court of First Instance
    of Zamboanga. The trial judge, the Honorable Quirico Abeto, after hearing the evidence
    presented by both sides, reached the conclusion, with reference to the allegations of Cheong
    Seng Gee, that the proof did not sufficiently establish the Chinese marriage, but that because
    Cheong Seng Gee had been admitted to the Philippine Islands as the son of the deceased, he
    should share in the estate as a natural child. With reference to the allegations of the Mora
    Adong and her daughters Payang and Rosalia, the trial judge reached the conclusion that the
    marriage between the Mora Adong and the deceased had been adequately proved but that
    under the laws of the Philippine Islands it could not be held to be a lawful marriage; accordingly,
    the daughters Payang and Rosalia would inherit as natural children. The order of the trial judge,
    following these conclusions, was that there should be a partition of the property of the deceased
    Cheong Boo between the natural children, Cheong Seng Gee, Payang, and Rosalia.

    ISSUE:
    1. Whether or not the Chinese marriage between Cheong Boo and Tan Dit is valid.
    2. Whether or not the Mohammedan marriage between Cheong Boo and Mora Adong is
    valid.

    HELD:
    Section IV of the Marriage law provides that “all marriages contracted outside the islands, which
    would be valid by the laws of the country in which the same were contracted, are valid in these
    islands. To establish a valid foreign marriage pursuant to this comity provision, it is first
    necessary to prove before the courts of the Islands the existence of the foreign law as a
    question of fact, and it is then necessary to prove the alleged foreign marriage by convincing
    evidence. A Philippine marriage followed by 23 years of uninterrupted marital life, should not be
    impugned and discredited, after the death of the husband through an alleged prior Chinese
    marriage, “save upon proof so clear, strong and unequivocal as to produce a moral conviction of
    the existence of such impediment.” A marriage alleged to have been contracted in China and
    proven mainly by a so-called matrimonial letter held not to be valid in the Philippines.

    Thus, the Supreme Court found the (1) Chinese marriage was not proved and Chinaman
    Cheong Seng Gee has only the rights of a natural child while (2) it found the Mohammedan
    marriage to be proved and to be valid, thus giving to the widow Mora Adong and the legitimate
    children Payang and Rosalia the rights accruing to them under the law.

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