YAO KEE V.

SY-GONZALES
167 SCRA 736
FACTS:
Sy Kiat, a Chinese national, died in Calooocan City where he was then residing leaving behind real and
personal properties here in the Philippines worth P300,000.00 more or less. He has a marriage with Asuncion
Gillego, but does not have a marriage license. They are common-law husband and wife, as theyve been together
for the past 25 years until his death.Private respondents (Aida Sy-Gonzales et al.,) filed a petition for the grant of
letters or administration alleging that they were the children of the deceased with Asuncion Gillego. Petition was
opposed by herein petitioners (Yao Kee et al.,) alleging that they were the legitimate family.The probate court
found that Sy Kiat has a marriage with Yao Kee back in China, in accordance to Chinese custom. Yao Kee testifies
the ff: There is no solemnizing officer as decided by tradition and she doubts that she could produce a marriage
certificate or contract since it has been many years, and that the Chinese government does not issue such
documents.
Furthermore, this allegation is bolstered by a written agreement between the two, wherein it details
provisions for support and inheritance with regards to their children.
Yao Kee camp: a) Yao Kee is the legitimate wife, b) we are the legitimate children of Sy Kiat and c) we
nominate our eldest sibling to be administratix of Sy Kiats properties.
Asuncion Gillego camp: a) We are the legitimate children of Sy Kiat, b) to the best of our knowledge Sy
Kiat died intestate (he did not leave a will), c) we do not recognize Sy Kiats marriage to Yao Kee, and d) we
nominate our eldest sibling to be administratix of Sy Kiats properties.
The lower court likewise ruled that respondents are the acknowledged illegitimate offspring of Sy Kiat with
Asuncion Gillego.
RTC: Yao Kee camp wins and Gillego camp is recognized as illegitimate children.
On appeal, the lower courts decision was set aside declaring petitioners as the acknowledge natural children of Sy
Kiat and Asuncion Gillego.
CA: a) Gillego camp are acknowledged natural children, b) Yao Kee camp are also acknowledged natural
children and c) administration is vested on Yao Kee camp.
ISSUE:
Was the fact of marriage of Sy Kiat and Yao Kee in China proven as a custom?
WoN the Yao Kee marriage to Sy Kiat is recognized in Philippine jurisdiction?
HELD:
Court of Appeals is affirmed.
Custom is defined as a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a
social rule, legally binding and obligatory. The law requires that a custom must be proved as a fact, according to
the rules of evidence.
[Article 12, Civil Code] On this score the Court had occasion to state that a local custom as a source of right
cannot be considered by a court of justice unless such custom is properly established by competent evidence like
any other fact. The same evidence, if not one of a higher degree, should be required of a foreign
custom.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.

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 (brother) cannot be considered as proof of Chinas 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.
However, 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. [See Art. 269, Civil Code] And they are acknowledged
children of the deceased because of Sy Kiats recognition of Sze Sook Wah and its extension to Sze Lai Cho and Sy
Chun Yen who are her sisters of the full blood.
Private respondents on the other hand are also the deceaseds acknowledged natural children with
Asuncion Gillego ,a Filipina with whom he lived for 25 years without the benefit of marriage. They have in their
favor their fathers acknowledgment, evidence by a compromise agreement entered into by and between their
parents and approved by the CFI wherein Sy Kiat not only acknowledged them as his children by Asuncion Gillego
but likewise made provisions for their support and future inheritance.