Case Summary (G.R. No. 155733)
Lawful Heirs of Josefa Delgado
Felisa Delgado and Ramon Osorio never contracted marriage, rendering all their children—including Josefa and her half-brother Luis—illegitimate. Illegitimate siblings share equally in intestate succession. Under Article 972 of the Civil Code, representation in the collateral line extends only to nephews and nieces, not to grandnephews or grandnieces. The entitled heirs of Josefa Delgado are her surviving full- and half-siblings or their living children at her death. Since other heirs existed, Guillermo Rustia’s extrajudicial self-adjudication of her entire estate was invalid.
Lawful Heirs of Guillermo Rustia
Intervenor Guillerma Rustia could not establish compulsory acknowledgment (which prescribed upon her father’s 1974 death) nor voluntary acknowledgment (no authentic signed writing). The ampun-ampunan claim by Guillermina Rustia Rustia failed for lack of formal adoption. Consequently, Dr. Rustia’s lawful heirs are his surviving sisters and the children of his predeceased brother, to inherit per capita or per stirpes under Article 1002 of the Civil Code.
Invalidation of Extrajudicial Self-Adjudication
Dr. Rustia’s June 15, 1973 affidavit of self-adjudication was annulled per Rule 74, Section 1 of the Rules of Court, which permits such an affidavit only when the affiant is the sole heir. Multiple heirs necessitated judicial settlement of both estates.
Appointment of Joint Administrators
Pursuant to Rule 78, Section 6, and in the interest of equitable representation, letters of administration are to issue jointly to (a) Carlota Delgado Vda. de dela Rosa for Josefa’s estate and (b) a nominee of Dr. Rustia’s heirs. The trial court will fix bond amounts and deter
...continue readingCase Syllabus (G.R. No. 155733)
Case Background
• This petition arises from the consolidated settlement of the intestate estates of spouses Josefa Delgado and Guillermo Rustia.
• Central question: who among the competing relatives are the lawful heirs of each decedent?
• Collateral issues include: legitimacy of certain claimants, validity of purported marriages, and the effect of an extrajudicial self-adjudication.
Parties and Claimants
• Petitioners
- Heirs of Josefa Delgado: her full- and half-blood siblings, nephews, nieces, grandnephews, and grandnieces.
- Represented primarily by Carlota Delgado vda. de de la Rosa (originally Luisa Delgado vda. de Danao).
• Respondents - Heirs of Guillermo Rustia: his sisters (Marciana Rustia vda. de Damian; Hortencia Rustia-Cruz), the children of his predeceased brother Roman Rustia Sr.
- Oppositors-respondents: including the ampun-ampunan Guillermina Rustia Rustia.
- Intervenor-respondent: Guillerma Rustia, alleging status as illegitimate child.
Issue 1 – Validity of the Marriage Between Josefa Delgado and Guillermo Rustia
• Petitioners’ position
- No civil‐registry entry or marriage certificate; baptismal record labels Josefa as “Señorita.”
• Respondents’ position - Presumption under Rule 131, Sec. 3(aa): cohabitation over 50 years, community knowledge, and public documents establishing a reputed marriage.
- Evidence: Mrs. Rustia’s certificate of identity (1944), Philippine passport (1947), Dr. Rustia’s sworn VA pension claim (stating marriage on June 3, 1919), and property titles.
• Supreme Court ruling - Absence of record not conclusive; presumption of marriage arises and was strengthened by public documents and continuous cohabitation.
- No clear and convincing evidence to rebut.
- Held: Josefa and Guillermo were validly married (semper praesumitur pro matrimonio).
Issue 2 – Lawful Heirs of Josefa Delgado
• Legitimacy of sibling Luis Delgado
- Luis born of Felisa Delgado’s relationship with Ramon Osorio; legitimacy depends on existence of marriage.
- Petitioners: no proof of marriage, continued use of surname Delgado, marriage record omits father.
- Respondents: presumption of marriage not overcome.