FACTS:
Sy-Kiat, a Chinese national, died in 1977 in Kaloocan City, where he was
residing, leaving behind substantial real and personal properties here in the
Phils. Petition for letters of administration filed by his natural children,
was opposed on the ground that Sy Kiat was legally married to Yao Kee, in
Fookien, China on 1/13/31 and that the oppositors are the legitimate children.
The probate court rendered judgment in favor of the oppositors; this was
modified and set aside by the CA w/c held that both sets of children were
acknowledged natural children. Both parties moved for partial reconsideration.
HELD: For failure to prove the
foreign law or custom, and consequently, the validity of the marriage in
accordance w/ said law or custom, the marriage between Yao Kee and Sy Kiat
cannot be recognized in this jurisdiction. In the case at bar, petitioners did
not present any competent evidence relative to the law and customs of China on
marriage. The testimonies of Yao and Gan Ching cannot be considered as proof of
China's law or custom on marriage not only bec. they are self-serving evidence,
but more importantly, there is no showing that they are competent to testify on
the subject matter.
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." 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
competent evidence like any other fact." The same evidence, if not one of
a higher degree, should be required of a foreign custom.
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