Case Summary (G.R. No. 55960)
Parties and Petition
Petitioners Yao Kee and her three children opposed the petition of Aida Sy-Gonzales et al. for letters of administration, denying Yao Kee’s marriage validity and the legitimacy of her children, and nominating Aida Sy-Gonzales as administratrix.
Trial Court Findings and Decision
The Court of First Instance found that:
- Sy Kiat validly married Yao Kee under Chinese custom.
- Sze Sook Wah, Sze Lai Cho, and Sze Chun Yen were his legitimate children with Yao Kee.
- Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe, and Rodolfo Sy were acknowledged illegitimate children with Asuncion Gillego.
The court appointed Sze Sook Wah as administratrix.
Court of Appeals Ruling
On appeal, the Court of Appeals set aside the lower court’s findings on marriage and legitimacy, holding that petitioners failed to prove the validity of the Chinese marriage under Chinese law. It declared all seven children as acknowledged natural children of Sy Kiat, excluded a 1976 sale of business property from the estate, and affirmed Sze Sook Wah’s appointment.
Issues on Appeal
Petitioners challenged the Court of Appeals’ conclusions that:
- The marriage to Yao Kee was not valid under foreign (Chinese) law.
- Aida Sy-Gonzales et al. are natural children of Sy Kiat and Asuncion Gillego.
Applicable Law on Foreign Marriage
Under Civil Code Article 71, a foreign marriage valid where celebrated is valid in the Philippines unless bigamous, polygamous, or incestuous. Proof of foreign law or custom must comply with the Rules of Court:
- Rule 130 § 45 (oral testimony or recognized publications for unwritten law)
- Rule 132 § 25 (authenticated records or official publications for written law)
Burden of Proof for Foreign Law
Philippine courts do not take judicial notice of foreign statutes or customs. Parties must allege and prove foreign law as fact with competent evidence, such as expert testimony or authenticated foreign records.
Evaluation of Evidence on Chinese Marriage Custom
Petitioners offered:
- Testimony on customary Chinese betrothal and rites.
- Statements by Asuncion Gillego about Sy Kiat’s admission of marriage.
- Sy Kiat’s immigration cards listing “married” status to Yao Kee.
- A Chinese Embassy certification of marriage date and place.
The Court found these insufficient to prove the content of Chinese law or custom, lacking expert proof of the governing legal rules at the time of the alleged marriage.
Legal Consequence of Unproven Foreign Marriage
Without proof of foreign law or custom, the alleged Chinese marriage could not be recognized in the Philippines. The absence of a solemnizing officer equivalent to Philippine requirements further precluded recognition.
Status of Filiation: Chinese Wife’s Children
Because the marriage was unproven, Yao Kee’s children could not be deemed legitimate. However, they qualify as acknowledged natural children: no impediment to their conception (Art. 269, Civil Code) and Sy Kiat’s express acknowledgment (Art. 271).
Status of Filiation: Common-Law Children
The four children of Asuncion Gillego likewise are acknowledged natural children. Their father’s admission in a court-approv
...continue readingCase Syllabus (G.R. No. 55960)
Background
- Sy Kiat, a Chinese national, died intestate on January 17, 1977 in Caloocan City, leaving Philippine properties worth approximately ₱300,000.
- Four children of Sy Kiat by Asuncion Gillego (Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe, Rodolfo Sy) petitioned for letters of administration.
- They alleged they were the deceased’s only children, denied his marriage to Yao Kee, and sought appointment of Aida Sy-Gonzales as administratrix.
- Oppositors (Yao Kee and her three surviving children: Sze Sook Wah, Sze Lai Cho, Sy Chun Yen) claimed Sy Kiat’s valid marriage to Yao Kee in China and their legitimacy, nominating Sze Sook Wah as administratrix.
Procedural History
- Trial (CFI, Rizal, Branch XXXIII)
• Held that Sy Kiat validly married Yao Kee under Chinese custom.
• Declared Sze Sook Wah, Sze Lai Cho, Sze Chun Yen legitimate children of that marriage.
• Recognized Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe, Rodolfo Sy as acknowledged illegitimate children.
• Appointed Sze Sook Wah administratrix of the estate. - Court of Appeals
• Modified:
– Declared both sets of petitioners “acknowledged natural children” under Philippine law.
– Held marriage to Yao Kee unproven under Chinese law, thus invalid here.
– Validated a December 7, 1976 sale by Sy Kiat of Avenue Tractor and Diesel Parts Supply property.
– Affirmed appointment of Sze Sook Wah as judicial administratrix. - Supreme Court
• Two consolidated petitions:
– G.R. No. 56045 challenged CA’s decree on the sale and administratrix (denied).
– G.R. No. 55960 (this case) challenged CA’s findings on marriage validity and children’s status.
• Initially denied, then given due course.
Issues
- Whether Sy Kiat’s marriage to Yao Kee in China was proved valid under Chinese law/custom and thus recognized in the Philippines (Art. 71, Civil Code).
- Whether Aida Sy-Gonzales et al. are “natural” or “legitimate” children of Sy Kiat.
- Incidental question of proper forum (Juvenile and