IN THE MATTER OF THE INTESTATE ESTATES OF THE DECEASED JOSEFA DELGADO AND GUILLERMO RUSTIA CARLOTA DELGADO VDA. DE DE LA ROSA and other HEIRS OF LUIS DELGADO, petitioners, v.
HEIRS OF MARCIANA RUSTIA VDA. DE DAMIAN, respondents.
G.R. No. 155733. January 27, 2006.
Facts:
On May 8, 1975, Luisa Delgado, the sister of Josefa, filed a Petition on Letters of Administration of the estate of deceased spouses Josefa Delgado and Guillermo Rustia (died 1972 and 1974 respectively). Such letter was opposed by Marciana Rustia, a sister of Guillermo, claiming that they should be the beneficiaries of the estate. The trial court then allowed Guillerma Rustia, a legitimate child of Guillermo, to intervene in the case as she claimed that she possessed the status of an acknowledged legitimate natural child, hence, she should be the sole heir of the estate. Later, Luisa Delgado said that the spouses were living together without marriage. Luisa Delgado died and was substituted dela Rosa (herein petitioner) in this case. The RTC appointed dela Rosa as the administrator of the estates of the deceased.
Issue:
Whether or not dela Rosa should be the sole administrator of the estate noting that Josefa and
Guillermo did not contract marriage.
Ruling:
The Court held, through the testimonies of the witnesses, that marriage between Josefa and Guillermo never occurred. Although it is presumed that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage, such testimonies shall prevail. Since, no marriage had occurred between the two, the estate must be settled in different proceedings. Therefore, dela Rosa cannot be appointed as the sole administrator of the estate of the deceased.
