De La Rosa vs.

De Damian

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, who died in 1972 and in
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 De la Rosa in this case. The RTC appointed De la Rosa as the administrator of the
estates of the deceased.

Issue:

Should De la Rosa should be the sole administrator of the estate noting that Josefa and Guillermo
did not contract marriage?

Ruling:

No, 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, De la Rosa cannot be appointed as the sole administrator of the estate of
the deceased.