JOSE RIVERA petitioner, vs. INTERMEDIATE APPELLATE COURT and
ADELAIDO J. RIVERA, respondents.
G.R. Nos. 75005-06 February 15, 1990
FACTS:
On May 30, 1975, a prominent and wealthy resident of that town named Venancio Rivera died. On July 28, 1975, Jose Rivera, claiming to be the only surviving legitimate son of the deceased, filed a petition for the issuance of letters of administration over Venancio’s estate. Docketed as SP No. 1076, this petition was opposed by Adelaido J. Rivera. Who denied that Jose was the son of the decedent. Adelaido averred that Venancio was his father and did not die interstate but in fact left two holographic wills.
ISSUE:
Whether or not Jose Rivera was the legitimate son of the deceased Venancio Rivera.
RULING:
In case of doubt, all presumptions favor the solidarity of the family. Thus every intendment of the law or fact leans toward the validity of marriage the legitimacy of children. Even in the absence of any certificate of marriage or other documentary proof of the existence of marriage, the law presumes a man and woman cohabiting with each other as being married, in the absence of proof to the contrary. Based on this unrefuted legal presumption, Jose Rivera is not the son of the deceased Venancio Rivera whose estate is in question. Hence, being a mere stranger, he had no personality to contest the wills and his opposition thereto did not have the legal effect of requiring the three witnesses. The testimony of Zenaida and Venancio Rivera, Jr. who authenticated the wills as having been written and signed by their father, was sufficient.
