RULE 74 – SUMMARY SETTLEMENT OF ESTATES The oppositors (respondents here), on the other hand, insist

IN MATTER OF INTESTATE ESTATES that the absence of a marriage certificate did not of necessity
mean that no marriage transpired. They maintain that
OF DECEASED JOSEFA DELGADO v. Guillermo Rustia and Josefa Delgado were married on June
HEIRS OF MARCIANA RUSTIA VDA. DE 3, 1919 and from then on lived together as... husband and
wife until the death of Josefa on September 8, 1972. During
DAMIAN, GR NO. 155733, 2006-01- this period spanning more than half a century, they were
27 known among their relatives and friends to have in fact been
married

THE ALLEGED HEIRS OF GUILLERMO RUSTIA

The claimants to the estates of Guillermo Rustia and Josefa
Delgado may be divided into two groups: (1) the alleged Guillermo Rustia and Josefa Delgado never had any
heirs of Josefa Delgado, consisting of her half- and full-blood children. With no children of their own, they took into their
siblings, nephews and nieces, and grandnephews and home the youngsters Guillermina Rustia Rustia and Nanie
grandnieces, and (2) the alleged heirs of Rustia. These children, never legally adopted by the couple,
were what was known in the local dialect as... ampun-
Guillermo Rustia, particularly, his sisters,[7] his nephews and ampunan.
nieces,[8] his illegitimate child,[9] and the de facto adopted
child[10] (ampun-ampunan) of the... decedents. During his life with Josefa, however, Guillermo Rustia did
manage to father an illegitimate child,[19] the intervenor-
The deceased Josefa Delgado was the daughter of respondent Guillerma Rustia, with one Amparo Sagarbarria.
Felisa[11] Delgado by one Lucio Campo. Aside from Josefa, According to Guillerma, Guillermo Rustia treated her as his
five other children were born to the couple, namely, Nazario, daughter, his own... flesh and blood, and she enjoyed open
Edilberta, Jose, Jacoba, and Gorgonio, all surnamed and continuous possession of that status from her birth in
Delgado. Felisa Delgado was never... married to Lucio 1920 until her father's demise. In fact, Josefa Delgado's
Campo, hence, Josefa and her full-blood siblings were all obituary which was prepared by Guillermo Rustia, named the
natural children of Felisa Delgado. intervenor-respondent as one of their children. Also, her
report... card from the University of Santo Tomas identified
However, Lucio Campo was not the first and only man in Guillermo Rustia as her parent/guardian
Felisa Delgado's life. Before him was Ramon Osorio[12] with
whom Felisa had a son, Luis Delgado. But, unlike her Oppositors (respondents here) nonetheless posit that
relationship with Lucio Campo which was admittedly one Guillerma Rustia has no interest in the intestate estate of
without the benefit of marriage,... the legal status of Ramon Guillermo Rustia as she was never duly acknowledged as an
Osorio's and Felisa Delgado's union is in dispute. illegitimate child. They contend that her right to compulsory
acknowledgement prescribed when Guillermo died... in 1974
Petitioners allege that Ramon Osorio and Felisa Delgado and that she cannot claim voluntary acknowledgement since
were never married. In support thereof, they assert that no the documents she presented were not the authentic writings
evidence was ever presented to establish it, not even so prescribed by the new Civil Code.
much as an allegation of the date or place of the alleged
marriage. What is clear, however, is that Felisa... retained On January 7, 1974, more than a year after the death of
the surname Delgado. So did Luis, her son with Ramon Josefa Delgado, Guillermo Rustia filed a petition for the
Osorio. Later on, when Luis got married, his Partida de adoption[22] of their ampun-ampunan Guillermina Rustia. He
Casamiento[14] stated that he was "hijo natural de Felisa stated under oath "[t]hat he ha[d] no legitimate, legitimated,...
Delgado" (the natural child of Felisa acknowledged natural children or natural children by legal
fiction."[23] The petition was overtaken by his death on
Delgado),[15] significantly omitting any mention of the name February 28, 1974.
and other circumstances of his father.[16] Nevertheless,
oppositors (now respondents) insist that the absence of a Like Josefa Delgado, Guillermo Rustia died without a will. He
record of the alleged marriage did not... necessarily mean was survived by his sisters Marciana Rustia vda. de Damian
that no marriage ever took place. and Hortencia Rustia-Cruz, and by the children of his
predeceased brother Roman Rustia Sr., namely, Josefina
Josefa Delgado died on September 8, 1972 without a will. Rustia Albano, Virginia Rustia Paraiso, Roman
She was survived by Guillermo Rustia and some collateral
relatives, the petitioners herein. Several months later, on Rustia, Jr., Sergio Rustia, Francisco Rustia and Leticia
June 15, 1973, Guillermo Rustia executed an affidavit of self- Rustia Miranda
adjudication of the remaining properties... comprising her
estate. On May 8, 1975, Luisa Delgado vda. de Danao, the daughter
of Luis Delgado, filed the original petition for letters of
THE MARRIAGE OF GUILLERMO RUSTIA AND JOSEFA administration of the intestate estates of the "spouses Josefa
DELGADO Delgado and Guillermo Rustia" with the RTC of Manila,
Branch 55.[25] This petition was opposed by the following:
Sometime in 1917, Guillermo Rustia proposed marriage to (1) the sisters of Guillermo Rustia, namely, Marciana Rustia
Josefa Delgado[17] but whether a marriage in fact took place vda. de Damian and Hortencia Rustia-Cruz;[26] (2) the heirs
is disputed. According to petitioners, the two eventually lived of Guillermo Rustia's late brother, Roman Rustia, Sr., and (3)
together as husband and wife but were never married. To the... ampun-ampunan Guillermina Rustia Rustia. The
prove their... assertion, petitioners point out that no record of opposition was grounded on the theory that Luisa Delgado
the contested marriage existed in the civil registry. Moreover, vda. de Danao and the other claimants were barred under
a baptismal certificate naming Josefa Delgado as one of the the law from inheriting from their illegitimate half-blood
sponsors referred to her as "Señorita" or unmarried woman. relative Josefa Delgado.
In November of 1975, Guillerma Rustia filed a motion to answer will determine whether their successional rights fall
intervene in the proceedings, claiming she was the only within the ambit of the rule against reciprocal intestate
surviving descendant in the direct line of Guillermo Rustia. succession between legitimate and illegitimate... relatives.
Despite the objections of the oppositors (respondents [13] If Ramon Osorio and Felisa Delgado had been validly
herein), the motion was granted. married, then their only child Luis Delgado was a legitimate
half-blood brother of Josefa Delgado and therefore excluded
On March 14, 1988, Carlota Delgado vda. de de la Rosa from the latter's intestate estate. He and his heirs would be
substituted for her sister, Luisa Delgado vda. de Danao, who barred... by the principle of absolute separation between the
had died on May 18, 1987. legitimate and illegitimate families. Conversely, if the couple
were never married, Luis Delgado and his heirs would be
On May 11, 1990, the RTC appointed Carlota Delgado vda. entitled to inherit from Josefa Delgado's intestate estate, as
de de la Rosa as administratrix of both estates. they would all be within the illegitimate... line.
Acting on the appeal, the Court of Appeals[34] partially set The issues for our resolution are:... whether there was a
aside the trial court's decision. Upon motion for valid marriage between Guillermo Rustia and Josefa
reconsideration,[35] the Court of Appeals amended its earlier Delgado;... who the legal heirs of the decedents Guillermo
decision.[36] The... dispositive portion of the amended Rustia and Josefa Delgado are;... who should be issued
decision read: letters of administration.
With the further modification, our assailed decision is Ruling:
RECONSIDERED and VACATED. Consequently, the
decision of the trial court is REVERSED and SET ASIDE. A Yet, petitioners maintain that Josefa Delgado and Guillermo
new one is hereby RENDERED declaring: 1.) Dr. Rustia had simply lived together as husband and wife
without the benefit of marriage. They make much of the
Guillermo Rustia and Josefa Delgado Rustia to have been absence of a record of the contested marriage, the testimony
legally married; 2.) the intestate estate of Dr. Guillermo of a witness[38] attesting... that they were not married, and a
Rustia, Jacoba Delgado-Encinas and the children of baptismal certificate which referred to Josefa Delgado as
Gorgonio Delgado (Campo) entitled to partition among "Señorita" or unmarried woman.[39]
themselves the intestate estate of Josefa D. Rustia in...
accordance with the proportion referred to in this decision; We are not persuaded.
3.) the oppositors-appellants as the legal heirs of the late Dr.
Guillermo Rustia and thereby entitled to partition his estate in First, although a marriage contract is considered a primary
accordance with the proportion referred to herein; and 4.) the evidence of marriage, its absence is not always proof that no
intervenor-appellee marriage in fact took place.[40] Once the presumption of
marriage arises, other evidence may be presented in
Guillerma S. Rustia as ineligible to inherit from the late Dr. support... thereof. The evidence need not necessarily or
Guillermo Rustia; thus revoking her appointment as directly establish the marriage but must at least be enough to
administratrix of his estate. strengthen the presumption of marriage. Here, the certificate
of identity issued to Josefa Delgado as Mrs. Guillermo
The letters of administration of the intestate estate of Dr. Rustia,[41] the... passport issued to her as Josefa D. Rustia,
Guillermo Rustia in relation to the intestate estate of Josefa [42] the declaration under oath of no less than Guillermo
Delgado shall issue to the nominee of the oppositors- Rustia that he was married to Josefa Delgado[43] and the
appellants upon his or her qualification and filing of the titles to the properties in the name of "Guillermo Rustia
requisite bond in the sum of FIVE HUNDRED married to Josefa
THOUSAND PESOS (P500,000.00). Delgado," more than adequately support the presumption of
marriage. These are public documents which are prima facie
Oppositor-appellant Guillermina Rustia Rustia is hereby evidence of the facts stated therein.[44] No clear and
ordered to cease and desist from her acts of administration convincing evidence sufficient to overcome the presumption
of the subject estates and to turn over to the appointed of the truth... of the recitals therein was presented by
administrator all her collections of the rentals and incomes petitioners.
due on the assets of the estates in question,... including all
documents, papers, records and titles pertaining to such Third, the baptismal certificate[45] was conclusive proof only
estates to the appointed administrator, immediately upon of the baptism administered by the priest who baptized the
notice of his qualification and posting of the requisite bond, child. It was no proof of the veracity of the declarations and
and to render an accounting of her (Guillermina Rustia statements contained therein,[46] such as the alleged single
Rustia) actual administration of... the estates in controversy or unmarried ("Señorita") civil status of Josefa Delgado who
within a period of sixty (60) days from notice of the had no hand in its preparation.
administrator's qualification and posting of the bond.
Petitioners failed to rebut the presumption of marriage of
The issue of the validity of the affidavit of self-adjudication Guillermo Rustia and Josefa Delgado. In this jurisdiction,
executed by Dr. Guillermo Rustia on June 15, 1973 is every intendment of the law leans toward legitimizing
REMANDED to the trial court for further proceedings to matrimony. Persons dwelling together apparently in marriage
determine the extent of the shares of Jacoba Delgado- are presumed to be in fact married. This is the... usual order
Encinas and the children of Gorgonio of things in society and, if the parties are not what they hold
themselves out to be, they would be living in constant
Delgado (Campo) affected by the said adjudication. violation of the common rules of law and propriety. Semper
praesumitur pro matrimonio. Always presume marriage.
Issues:
THE LAWFUL HEIRS OF JOSEFA DELGADO
The question of whether Felisa Delgado and Ramon Osorio
ever got married is crucial to the claimants because the
To determine who the lawful heirs of Josefa Delgado are, the We note, however, that the petitioners before us are already
questioned status of the cohabitation of her mother Felisa the nephews, nieces, grandnephews and grandnieces of
Delgado with Ramon Osorio must first be addressed. Josefa Delgado. Under Article 972 of the new Civil Code, the
right of representation in the collateral line takes place only
As mentioned earlier, presumptions of law are either in favor of the children of brothers and... sisters (nephews
conclusive or disputable. Conclusive presumptions are and nieces). Consequently, it cannot be exercised by
inferences which the law makes so peremptory that no grandnephews and grandnieces.[54] Therefore, the only
contrary proof, no matter how strong, may overturn them.[48] collateral relatives of Josefa Delgado who are entitled to
On the other hand, disputable... presumptions, one of which partake of her intestate estate are her brothers and sisters,
is the presumption of marriage, can be relied on only in the or their... children who were still alive at the time of her death
absence of sufficient evidence to the contrary. on September 8, 1972. They have a vested right to
participate in the inheritance.[55] The records not being clear
Little was said of the cohabitation or alleged marriage of on this matter, it is now for the trial court to determine who
Felisa Delgado and Ramon Osorio. The oppositors (now were the surviving... brothers and sisters (or their children) of
respondents) chose merely to rely on the disputable Josefa Delgado at the time of her death. Together with
presumption of marriage even in the face of such Guillermo Rustia,[56] they are entitled to inherit from Josefa
countervailing evidence as (1) the continued use by Felisa Delgado in accordance with Article 1001 of the new Civil
and Code:[57]
Luis (her son with Ramon Osorio) of the surname Delgado Art. 1001. Should brothers and sisters or their children
and (2) Luis Delgado's and Caridad Concepcion's Partida de survive with the widow or widower, the latter shall be entitled
Casamiento[49] identifying Luis as "hijo natural de Felisa to one-half of the inheritance and the brothers and sisters or
Delgado" (the natural child of Felisa Delgado).[50] their children to the other one-half.
All things considered, we rule that these factors sufficiently Since Josefa Delgado had heirs other than Guillermo Rustia,
overcame the rebuttable presumption of marriage. Felisa Guillermo could not have validly adjudicated Josefa's estate
Delgado and Ramon Osorio were never married. Hence, all all to himself. Rule 74, Section 1 of the Rules of Court is
the children born to Felisa Delgado out of her relations with clear. Adjudication by an heir of the decedent's entire estate
Ramon Osorio and Lucio Campo, namely, Luis... and his to himself by means of an affidavit... is allowed only if he is
half-blood siblings Nazario, Edilberta, Jose, Jacoba, the sole heir to the estate:
Gorgonio and the decedent Josefa, all surnamed Delgado,
[51] were her natural children.[52] SECTION 1. Extrajudicial settlement by agreement between
heirs. If the decedent left no will and no debts and the heirs
Pertinent to this matter is the following observation: are all of age, or the minors are represented by their judicial
or legal representatives duly authorized for the purpose, the
Suppose, however, that A begets X with B, and Y with parties... may, without securing letters of administration,
another woman, C; then X and Y would be natural brothers divide the estate among themselves as they see fit by means
and sisters, but of half-blood relationship. Can they succeed of a public instrument filed in the office of the register of
each other reciprocally? deeds, and should they disagree, they may do so in an
ordinary action of partition. If there is only... one heir, he may
The law prohibits reciprocal succession between illegitimate
adjudicate to himself the estate by means of an affidavit filed
children and legitimate children of the same parent, even
in the office of the register of deeds. x x x (emphasis
though there is unquestionably a tie of blood between them.
supplied)
It seems that to allow an illegitimate child to succeed ab
intestato (from) another... illegitimate child begotten with a THE LAWFUL HEIRS OF GUILLERMO RUSTIA
parent different from that of the former, would be allowing the
illegitimate child greater rights than a legitimate child. Intervenor (now co-respondent) Guillerma Rustia is an
Notwithstanding this, however, we submit that succession illegitimate child[58] of Guillermo Rustia. As such, she may
should be allowed, even when the illegitimate brothers and... be entitled to successional rights only upon proof of an
sisters are only of the half-blood. The reason impelling the admission or recognition of paternity.[59] She,... however,
prohibition on reciprocal successions between legitimate and claimed the status of an acknowledged illegitimate child of
illegitimate families does not apply to the case under Guillermo Rustia only after the death of the latter on
consideration. That prohibition has for its basis the difference February 28, 1974 at which time it was already the new Civil
in category between illegitimate and... legitimate relatives. Code that was in effect.
There is no such difference when all the children are
illegitimate children of the same parent, even if begotten with Under the old Civil Code (which was in force till August 29,
different persons. They all stand on the same footing before 1950), illegitimate children absolutely had no hereditary
the law, just like legitimate children of half-blood relation. We rights. This draconian edict was, however, later relaxed in
submit,... therefore, that the rules regarding succession of the new Civil Code which granted certain successional rights
legitimate brothers and sisters should be applicable to them. to illegitimate children but only on... condition that they were
Full blood illegitimate brothers and sisters should receive first recognized or acknowledged by the parent.
double the portion of half-blood brothers and sisters; and if
all are either of the full blood or of the... half-blood, they shall WHEREFORE, the petition (which seeks to reinstate the
share equally.[53] May 11, 1990 decision of the RTC Manila, Branch 55) is
hereby DENIED. The assailed October 24, 2002 decision of
Here, the above-named siblings of Josefa Delgado were the Court of Appeals is AFFIRMED with the following
related to her by full-blood, except Luis Delgado, her half- modifications:
brother. Nonetheless, since they were all illegitimate, they
may inherit from each other. Accordingly, all of them are Guillermo Rustia's June 15, 1973 affidavit of self-adjudication
entitled to inherit from Josefa Delgado. is hereby ANNULLED.
the intestate estate of Guillermo Rustia shall inherit half of
the intestate estate of Josefa Delgado. The remaining half
shall pertain to (a) the full and half-siblings of Josefa
Delgado who survived her and (b) the children of any of
Josefa Delgado's full- or half-siblings... who may have
predeceased her, also surviving at the time of her death.
Josefa Delgado's grandnephews and grandnieces are
excluded from her estate. In this connection, the trial court is
hereby ordered to determine the identities of the relatives of
Josefa Delgado who are... entitled to share in her estate.

Guillermo Rustia's estate (including its one-half share of

Josefa Delgado's estate) shall be inherited by Marciana
Rustia vda. de Damian and Hortencia Rustia Cruz (whose
respective shares shall be per capita) and the children of
the... late Roman Rustia, Sr. (who survived Guillermo Rustia
and whose respective shares shall be per stirpes).
Considering that Marciana Rustia vda. de Damian and
Hortencia Rustia Cruz are now deceased, their respective
shares shall pertain to... their estates.

Letters of administration over the still unsettled intestate

estates of Guillermo Rustia and Josefa Delgado shall issue
to Carlota Delgado vda. de de la Rosa and to a nominee
from among the heirs of Guillermo Rustia, as joint
administrators, upon their... qualification and filing of the
requisite bond in such amount as may be determined by the
trial court.