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Adong v. Cheong Seng Gee
Adong v. Cheong Seng Gee
SUMMARY
Cheong Boo died in the Philippines intestate, and his estate is claimed by Cheong Seng Gee, who claimed he
was the legitimate child by virtue of a marriage contracted in China, and Mora Adong, whom the deceased
married in Basilan. The Court ruled that there was no valid marriage between Cheong Boo and Cheong Seng
Gee’s mother Tan Dit, for failure to prove 1) the existence of the foreign law as a question of fact, and 2) the
existence of the foreign marriage.
FACTS
▪ Cheong Boo, a native of China, died intestate in Zamboanga, leaving property worth nearly P100,000.
▪ His estate was claimed by Cheong Seng Gee, allegedly the legitimate child by a marriage contracted
by the deceased with Tan Dit in China in 1895, proven by an alleged matrimonial letter, and Mora
Adong, allegedly lawfully married to the deceased in 1896 in Basilan according to the rights of the
Mohammedan religion, as well as her daughters Payang and Rosalia.
▪ The TC ruled that the proof of marriage of Tan Dit to the deceased was insufficient, and as such
Cheong Seng Gee would share in the estate as a natural child.
▪ Regarding the marriage to Mora Adong, the TC found that the same was adequately proved but was
not a lawful marriage under the laws of the Philippines; Payang and Rosalia would inherit as natural
children.
▪ The court ordered that there be a partition of the property of the deceased between his natural
children, Cheong Seng Gee, Payang, and Rosalia.
RATIO
FALLO
WHEREFORE, Judgment is reversed in part, and the case REMANDED to the lower court for partition of the
property in accordance with the decision.