DELGADO VDA. DE DE LA ROSA v. HEIRS OF MARCIANA married and no record of marriage existed in the civil registry.

Also a
RUSTIA VDA. DE DAMIAN baptismal certificate indicated Josefa as senorita or unmarried woman.
January 27, 2006 | Corona, J. | Presumption of Marriage Respondents claimed that the absence of marriage contract does not mean
that no marriage transpired. Respondents presented certificate of identity
issued to Mrs. Guillermo J. Rustia, passport issued to Josefa, Veteran’s
PETITIONER: Carlota Delgado Vda. De De La Rosa, et al.
application for pension filed by Guillermo wherein he swore to his marriage
RESPONDENT: Heirs of Marciana Rustia Vda. De Damian, et al.
to Josefa and titles to real properties wherein Guillermo indicated that he
was married to Josefa.
SUMMARY: Guillermo Rustia and Josefa Delgado died without descendants and
6. Guillerma Rustia filed a motion to intervene and claimed that she was the
intestate. The petitioners are the alleged heirs of Josefa Delgado and the
only surving descendant in the direct line of Guillermo. She claimed that
respondents are the alleged heirs of Guillermo Rustia. Petitioner Luisa, sister of
Guillermo treated her as his own flesh and blood and her report card from
Josefa, filed a Petition on the Letters of Administration of the estate of deceased
UST identified Guillermo as his father. The motion was granted.
spouses. It was then opposed by Marciana Rustia, sister of Guillermo. Guillerma
7. The original petition for letters of administration was amended to state that
Rustia intervened in the case and claimed that she was the acknowledged
Guillermo and Josefa were never married but merely lived together as
legitimate child. Luisa assailed that Guillerno and Josefa were living together
husband and wife.
without marriage. The Court ruled that there was a valid marriage between
8. Carlota Delgado substituted her sister Luisa Delgado who had died. The
Guillermo and Josefa. There is a presumption that a valid marriage existed
RTC appointed her as administratix of both estates.
between them as they were living together for 50 years and no evidence was
9. RTC declared petitioners as the only legal heirs of Josefa Delgado.
presented by the opposing parties to overcome that presumption.
Guillerma Rustia was declared as the only surviving heir of Guillermo and
thus entitled to the entire estate to the exclusion of oppositors.
  10. Respondents filed an appeal, which was denied on the ground that it was
FACTS: not filed on time. They filed a petition for certiorari and mandamus before
1. Guillermo Rustia and Josefa Delgado were allegedly married on June 3, the Court of Appeals, which was dismissed. Court of Appeals gave due
1919. Josefa has five siblings and they were natural children of Felisa course and reversed the decision after a motion for reconsideration. Court of
Delgado and Lucio Campo who were never married. Before Lucio, Felisa Appeals declared Guillermo and Josefa as legally married, the intestate
had another man in her life named Ramon Osorio and they had a son named estate of Guilllermo, Jacoba Delgado-Encinas (Josefa’s sibling) and the
Luis Delgado. Felisa and Ramon’s marriage was in dispute. The parties children of Gorgonio Delgado (Josefa’s sibling) entitled to partition among
raised Felisa and Ramon Osorio’s legal relation. If Felisa and Ramon were themselves the intestate estate of Josefa, the oppositors as legal heirs of
married, then Luis was a legitimate half-blood brother of Josefa and Guillermo and entitled to partition his estate and declared Guillerma Rustia
therefore excluded from the intestate estate of Josefa because this was as ineligible to inherit from Guillermo.
barred by the absolute separation between the legitimate and illegitimate. If ISSUE/s:
they were not married, Luis and heirs would be entitled to inherit from 1. WoN there was a valid marriage between Guillermo Rustia and Josefa
Josefa’s intestate estate as they would all be within illegitimate line. Delgado (YES)
2. Guillermo Rustia and Josefa Delgado had no children so they took into their
home Guillermina Rustia Rustia and Nanie Rustia. They were not legally RULING: IN VIEW OF THE FOREGOING, the instant Petition is DENIED. This
adopted. Guillermo also had an illegitimate child named Guillerma Rustia court AFFIRMS the assailed Decision of the Court of Appeals.
with Amparo Sagarbarria.
3. One year after Josefa died, Guillermo filed a petition for the adoption of RATIO:
Guillermina Rustia but the petition was overtaken by his death. Guillermo 1. Rule 131, Section 3 of the Rules of Court provides: that a man and woman
and Josefa died without a will. Guillermo was survived by his sisters deporing themselves as husband and wife have entered into a lawful
Marciana Rusta Vda. De Damian and Hortencia Rustia-Cruz and by the contract of marriage is a presumption which is considered satisfactory if
children of his predeceased brother Roman Rustia Sr. uncontradicted, but may be contradicted and overcome by other evidence.
4. On May 8, 1975, Luisa Delgado Vda. De Danao, daughter of Luis Delgado, In this case there is a presumption that a valid marriage existed between
filed the petition for letters of administration of the intestate estates of Guillermo and Josefa. They were living together for 50 years and their
spouses Guillermo and Josefa. This petition was opposed by the sisters of family and friends knew them to be married
Guillermo, the heirs of his late brother, and Guillermina Rustia Rustia. 2. The absence of marriage contract is not always proof that no marriage took
5. Petitioners contend that Guillermo and Josefa lived together but were never
 place. The evidences need not necessarily or directly establish the marriage
but atleast enough to strengthen the presumption of marriage. The
documents presented by respondents are enough to support the presumption
of marriage and no sufficient evidence to overcome the presumption was
presented by he petitioners. Also, the baptismal certificate was a proof only
of the baptism and not of the veracity of the statements or declarations
contained therein.
3. The continued use of Felisa and Luis of the surname Delgado overcame the
presumption of marriage between Felisa Delgado and Ramon Osorio.