JOSEFA DELGADO AND GUILLERMO RUSTIA CARLOTA DELGADO VDA.

DE DE LA ROSA and
other HEIRS OF LUIS DELGADO vs. Heirs of Mariciana Rustia Vda. De Damain, G. R. No.
155733, January 27, 2006, 480 SCRA 334

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 by 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.