Civil Code.

] On this score the Court had occasion to state that "a

local custom as a source of right can not be considered by a court
of justice unless such custom is properly established by
YAO KEE vs SY-GONZALES competent evidence like any other fact”. The same evidence, if
not one of a higher degree, should be required of a foreign
PETITIONERS: YAO KEE, SZE SOOK WAH, SZE LAI CHO, custom.
and SY CHUN YEN
RESPONDENTS: AIDA SY-GONZALES, MANUEL SY, The law on foreign marriages is provided by Article 71 of the Civil
TERESITA SY-BERNABE, RODOLFO SY, and HONORABLE Code which states that:
COURT OF APPEALS Art. 71. All marriages performed outside the
DOCKET NO.: GR No. L-55960 Philippines in accordance with the laws in force in the
DATE: November 24, 1988 country where they were performed and valid there as
PONENTE: Cortes, J. such, shall also be valid in this country, except bigamous,
Polygamous, or incestuous marriages, as determined by
FACTS: Philippine law.
• Sy Kiat, a Chinese national, residing in Caloocan City, died
on January 17, 1977 leaving behind properties here in the Construing this provision of law the Court has held that to
Philippines worth P300,000.00 more or less. establish a valid foreign marriage two things must be proven,
• Thereafter, Aida Sy-Gonzales et al filed a petition for the namely: (1) the existence of the foreign law as a question of fact;
grant of letters of administration alleging that; and (2) the alleged foreign marriage by convincing evidence.
(a) they are the children of the deceased with Asuncion
Gillego; In proving a foreign law the procedure is provided in the Rules of
(b) to their knowledge Sy Mat died intestate; Court. With respect to an unwritten foreign law, Rule 130 section
(c) they do not recognize Sy Kiat's marriage to Yao Kee 45 states that:
nor the filiation of her children to him; and, SEC. 45. Unwritten law.—The oral testimony of witnesses,
(d) they nominate Aida Sy-Gonzales for appointment skilled therein, is admissible as evidence of the unwritten
as administratrix of the intestate estate law of a foreign country, as are also printed and published
books of reports of decisions of the courts of the foreign
• The petition was opposed by Yao Kee et al alleging that; country, if proved to be commonly admitted in such courts.
(a) Yao Kee is the lawful wife of Sy Kiat whom he
married on January 19, 1931 in China;
Proof of a written foreign law, on the other hand, is provided for
(b) the other oppositors are the legitimate children of
under Rule 132 section 25, thus:
the deceased with Yao Kee; and,
SEC. 25. Proof of public or official record.—An official
(c) Sze Sook Wah is the eldest among them and is
record or an entry therein, when admissible for any
competent, willing and desirous to become the
purpose, may be evidenced by an official publication
administratrix of the estate of Sy Kiat
thereof or by a copy attested by the officer having the legal
custody of the record, or by his deputy, and accompanied,
PROBATE COURT: rendered decision in favor of Yao Kee.
if the record is not kept in the Philippines, with a certificate
CA: Modified the decision.
that such officer has the custody. If the office in which the
(1) Declaring petitioners Aida Sy-Gonzales et. al. as
record is kept is in a foreign country, the certificate may be
acknowledged natural children of the deceased with
made by a secretary of embassy or legation, consul
Asuncion Gillego, an unmarried woman with whom he lived
general, consul, vice consul, or consular agent or by any
as husband and wife without benefit of marriage for many
officer in the foreign service of the Philippines stationed in
years:
the foreign country in which the record is kept and
(2) Declaring oppositors Sze Sook Wah et.al. as the
authenticated by the seal of his office.
acknowledged natural children of the deceased Sy Kiat with
Yao Kee, since the legality of the alleged marriage of Sy Mat
The Court has interpreted section 25 to include competent
to Yao Kee in China had not been proven to be valid to the
evidence like the testimony of a witness to prove the existence of
laws of the Chinese People's Republic of China
a written foreign law
(3) Declaring the deed of sale executed by Sy Kiat to be valid
and be excluded from the estate; and In the case at bar petitioners did not present any competent
(4) Affirming the appointment by the lower court of Sze Sook evidence relative to the law and custom of China on
Wah as judicial administratrix of the estate of the deceased.
marriage. The testimonies of Yao and Gan Ching cannot be
considered as proof of China's law or custom on marriage
Both parties moved for recon, questioning paragraphs (3) and (4) not only because they are self-serving evidence, but more
of the dispositive portion of the CA's decision, but subsequently importantly, there is no showing that they are competent to
denied by SC.
testify on the subject matter.
This petition questions paragraphs (1) and (2) of the dispositive For failure to prove the foreign law or custom, and
portion of the decision of CA. SC initially denied the appeal but consequently, the validity of the marriage in accordance with
decided to give due course this petition upon motion for recon.
said law or custom, the marriage between Yao Kee and Sy
Kiat cannot be recognized in this jurisdiction.
YAO KEE et al: Petitioners argue that the marriage of Sy Kiat to
Yao Kee in accordance with Chinese law and custom was
conclusively proven. To buttress this argument they rely on the
ISSUE #2: W/N court may take Judicial Notice of Laws of China
testimonial and documentary evidence of Yao Kee herself, Gan
Ching, a younger brother of Yao Kee, Asuncion Gillego, and HELD: No. Well-established in this jurisdiction is the principle
documents which states that Sy Kiat is married.
that Philippine courts cannot take judicial notice of foreign laws.
They must be alleged and proved as any other fact. In the
ISSUE #1: W/N the marriage of Sy Kiat with Yae Kee was duly
absence of proof of the Chinese law on marriage, it should be
proven to be valid in accordance with Laws of China
presumed that it is the same as ours
HELD: These evidence may very well prove the fact of marriage
ISSUE #3: W/N the status of private respondents shall be an
between Yao Kee and Sy Kiat. However, the same do not suffice
acknowledged natural children or legitimate children.
to establish the validity of said marriage in accordance with
Chinese law or custom. HELD: Petitioners failed to establish the marriage of Yao Kee
with Sy Mat according to the laws of China, they cannot be
Custom is defined as "a rule of conduct formed by repetition of
accorded the status of legitimate children but only that of
acts, uniformly observed (practiced) as a social rule, legally
acknowledged natural children. Petitioners are natural children,
binding and obligatory”. The law requires that "a custom must be
it appearing that at the time of their conception Yao Kee and Sy
proved as a fact, according to the rules of evidence" [Article 12,
Kiat were not disqualified by any impediment to marry one
another [See Art. 269, Civil Code.] And they are acknowledged
children of the deceased because of Sy Kiat's recognition.

Private respondents on the other hand are also the deceased's

acknowledged natural children with Asuncion Gillego, a Filipina
with whom he lived for twenty-five (25) years without the benefit
of marriage.

WHEREFORE, the decision of the Court of Appeals is hereby

AFFIRMED.