OZAETA vs.

CUARTERO 26
G.R. No. L-5597
May 31, 1956

FACTS:
Maria Cuartero and Rosa Gonzales both claimed that they were married to Carlos
PalancaTaguinlay in 1929 and 1945, respectively. The marriage of Rosa to Carlos had been duly
established by testimonial and documentary evidence. One of the pieces of    evidence presented
was the will   executed by Carlos Palanca wherein he declared that he married Rosa Gonzales in
which marriage they had eight children.

ISSUE:
Whether  or  not the declarations in a valid Last Will and Testament may be admitted as
conclusive evidence of  an existence of  a fact during the   life time of  the testator .

RULING:
Declarations in a valid Last Will and Testament may be admitted as conclusive   evidence of an
existence of  a fact during the   life time o f  the testator  of  the said Will . Palanca executed his
will and he made the solemn declaration in said document that since 1923 and for  some years
there after  he maintained amorous relations with Maria Cuartero and had by her  six
natural children whom, according to him, he had liberally fed and support ed. H e said nothing
about having married Maria ; on the contrary, he declared that for  grave   reasons he   regarded
her  unworthy o f    being the guardian o f  the persons and property of  his children by her and so
appointed Felisa Joson de Fer nandez and the Philippine National Bank as guardians of 
their  persons, and property respectively. On the other hand, in the same will he spoke of his
marriage to Rosa Gonzales and the eight children he had by her, which children according to him
were legitimated by reason of their subsequent marriage. Said declaration in the will may not be
taken lightly, as a statement of little significance. When he made said statement he was about 76 years
old and must have   felt that he had not many years left to live.

(Source: scribd)