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    07) Yao Kee Vs Sy-Gonzales

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    Jenell Cruz
    The Supreme Court affirmed the Court of Appeal's decision. It held that the petitioners did not sufficiently prove that Yao Kee and Sy Kiat were legally married under Chinese law. Under Philippine law, foreign laws must be alleged and proven before they can be applied. The petitioners did not present any evidence of the relevant Chinese law on marriage, such as expert testimony. Therefore, it could not be presumed that Yao Kee and her children had legal marital status over the recognized illegitimate children of Sy Kiat. The Court of Appeals' decision in favor of the respondents was upheld.

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    07) Yao Kee Vs Sy-Gonzales

    Uploaded by

    Jenell Cruz
    121 views1 page
    The Supreme Court affirmed the Court of Appeal's decision. It held that the petitioners did not sufficiently prove that Yao Kee and Sy Kiat were legally married under Chinese law. Under Philippine law, foreign laws must be alleged and proven before they can be applied. The petitioners did not present any evidence of the relevant Chinese law on marriage, such as expert testimony. Therefore, it could not be presumed that Yao Kee and her children had legal marital status over the recognized illegitimate children of Sy Kiat. The Court of Appeals' decision in favor of the respondents was upheld.

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    Evidence

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    07) Yao Kee vs Sy-Gonzales

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    The Supreme Court affirmed the Court of Appeal's decision. It held that the petitioners did not sufficiently prove that Yao Kee and Sy Kiat were legally married under Chinese law. Under Philippine law, foreign laws must be alleged and proven before they can be applied. The petitioners did not present any evidence of the relevant Chinese law on marriage, such as expert testimony. Therefore, it could not be presumed that Yao Kee and her children had legal marital status over the recognized illegitimate children of Sy Kiat. The Court of Appeals' decision in favor of the respondents was upheld.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    121 views1 page

    07) Yao Kee Vs Sy-Gonzales

    Uploaded by

    Jenell Cruz
    The Supreme Court affirmed the Court of Appeal's decision. It held that the petitioners did not sufficiently prove that Yao Kee and Sy Kiat were legally married under Chinese law. Under Philippine law, foreign laws must be alleged and proven before they can be applied. The petitioners did not present any evidence of the relevant Chinese law on marriage, such as expert testimony. Therefore, it could not be presumed that Yao Kee and her children had legal marital status over the recognized illegitimate children of Sy Kiat. The Court of Appeals' decision in favor of the respondents was upheld.

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    07) Yao Kee vs.

    CA
    -In the absence of proof of the Chinese law on marriage, it should be presumed that it
    YAO KEE, SZE SOOK WAH, SZE LAI CHO, and SY CHUN YEN, petitioners, vs. is the same as ours
    AIDA SY-GONZALES, MANUE SY, TERESITA SY- BERNABE, RODOLFO SY, and
    HON. CA, respondents. -Petitioner’s contention that contrary to CA’s ruling they are not duty bound to prove
    the Chinese law on marriage as judicial notice thereof had been taken by the Sc in
    FACTS: the case of Sy Joc Lieng v. Sy Quia
     erroneous contention because it is well-established is the principle that PH Courts
    cannot take judicial notice of foreign laws; they must be alleged and proved as any
    1. January 17, 1977: Sy Kiat, a Chinese national, died leaving behind real and other fact
    personal properties here in the Philippines worth P300, 000.00 more or less.
    2. Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe and Rodolfo Sy filed a WHEREFORE, decision of CA is AFFIRMED.
    petition for the grant of letters of administration. They alleged that they are Winner: Respondent Sy-Gonzales
    the children of the deceased with Asuncion Gillego.
    3. The petition was opposed by Yao Kee, Sze Sook Wah, Sze Lai Cho and Sy
    Yun Chen who alleged that: a) Yao Kee is the lawful wife of Sy Kiat whom
    he married on January 19,1931 in China; (b) the other oppositors are the
    legitimate children of the deceased with Yao Kee.

    4. Probate court, finding among others that:


    (1) Sy Kiat was legally married to Yao Kee;
    (2) Sze Sook Wah, Sze Lai Cho and Sze Chun Yen are the legitimate
    children of Yao Kee with Sy Kiat; and
    (3) Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe and Rodolfo Sy are
    the acknowledged illegitimate offspring of Sy Kiat with Asuncion Gillego.

    5. CA modified the probate court’s decision and held that oppositors are
    acknowledged natural children of Sy Kiat with his Chinese wife Yao Kee since the
    legality of the alleged marriage of Sy Kiat to Yao Kee in China had not been proven to
    be valid to the laws of China.

    6. Petitioners argue that the marriage of Sy Kiat to Yao Kee in accordance with
    Chinese law and custom was conclusively proven through the testimony of Yao Kee
    on the manner in which their marriage was celebrated (customary manner) and
    documentary evidence (Sy Kiat's Master Card of Registered Alien, Alien Certificate of
    Registration and certification issued by the Embassy of the People's Republic of
    China) indicating that Yao Kee was the wife of Sy Kiat.

    ISSUE: WON the evidence presented sufficiently established Yao Kee’s marriage to
    Sy Kiat- NO

    RULING:
    -Custom is defined as "a rule of conduct formed by repetition of acts, uniformly
    observed 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"

    -In the present case, petitioner 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 proof of China’s law or custom on marriage, not only because
    they are self-serving evidence, but more importantly, there is not showing that they
    are competent to testify on the subject matter

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