YAO KEE v.

SY-GONZALES

G.R. No. L-55960, 24 November 1988

ISSUE: May the marriage celebrated in accordance with Chinese law and

custom be recognized in this jurisdiction in the absence of proof of such law

and custom?

DOCTRINE:

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."

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.