#47

In the Matter of the Intestate Estates of the Deceased Josefa Delgado and Guillermo Delgado, Heirs of
Luis DELGADO,

petitioners

vs.

Heirs of Marciana RUSTIA,

respondents.

G.R. No. 155733. January 27, 2006

FACTS:

Guillermo Rustia and Josefa Delgado died without a will. The claimants of their estates may be divided
into two groups: (1) the alleged heirs of Josefa Delgado, consisting of her half- and full-blood siblings,
nephews and nieces, and grandnephews and grandnieces, and (2) the alleged heirs of Guillermo Rustia,
particularly, his sisters, his nephews and nieces, his illegitimate child, and the de facto adopted child
(ampun-ampunan) of the decedents.

The Alleged Heirs of Josefa Delgado

The deceased Josefa Delgado was the daughter of Felisa Delgado by one Lucio Campo. Aside from
Josefa, fiveother children were born to the couple, namely, Nazario, Edilberta, Jose, Jacoba, and
Gorgonio, all surnamed Delgado. Felisa Delgado was never married to Lucio Campo, hence, Josefa and
her full-blood siblings were all natural children of Felisa Delgado. However, Lucio Campo was not the
first and only man in Felisa Delgado’s life. Before him was Ramon Osorio with whom Felisa had a son,
Luis Delgado.

The Marriage of Guillermo Rustia and Josefa Delgado

Guillermo Rustia proposed marriage to Josefa Delgado but whether a marriage in fact took place is
disputed. Several circumstances give rise to the presumption that a valid marriage existed between
Guillermo Rustia and Josefa Delgado. Their cohabitation of more than 50 years cannot be doubted.

The Alleged Heirs of Guillermo Rustia

Guillermo Rustia and Josefa Delgado never had any children but they took into their home the
youngsters Guillermina Rustia Rustia and Nanie Rustia. These children, never legally adopted by the
couple, were what was known in the localdialect as ampun-ampunan. During his life with Josefa,
however, Guillermo Rustia did manage to father an illegitimate child, the intervenor-respondent
Guillerma Rustia, with one Amparo Sagarbarria.

ISSUES:

1. Who are the lawful heirs of Josefa Delgado?

2. Whether or not the grandnephews and grandnieces of Josefa Delgado can inherit by right of
representation?

3. Who are the lawful heirs of Guillermo Rustia?

RULING:

1. The Lawful Heirs of Josefa Delgado

It was found out that Felisa Delgado and Ramon Osorio were never married. Hence, all the children born
to Felisa Delgado out of her relations with Ramon Osorio and Lucio Campo, namely, Luis and his half-
blood siblings Nazario, Edilberta, Jose, Jacoba, Gorgonio and the decedent Josefa, all surnamed Delgado,
were her natural children.

The above-named siblings of Josefa Delgado were related to her by full-blood, except Luis Delgado, her
half-brother. Nonetheless, since they were all illegitimate, they may inherit from each other.
Accordingly, all of them are entitled to inherit from Josefa Delgado.

However, the petitioners in this case are already the nephews, nieces, grandnephews and grandnieces
of Josefa Delgado. Under Article 972 of the new Civil Code, the right of representation in the collateral
line takes place only in favor of the children of brothers and sisters (nephews and nieces). Consequently,
it cannot be exercised by grandnephews and grandnieces. Therefore, the only collateral relatives of
Josefa Delgado who are entitled to partake of her intestate estate are her brothers and sisters, or their
children who were still alive at the time of her death on September 8, 1972. They have a vested right to
participate in the inheritance. The records not being clear on this matter, it is now for the trial court to
determine who were the surviving brothers and sisters (or their children) of Josefa Delgado at the time
of her death

Together with Guillermo Rustia, they are entitled to inherit from Josefa Delgado in accordance with
Article 1001 of the new Civil Code:

Should brothers and sisters or their children survive with the widow or widower, the latter shall be
entitled to one- half of the inheritance and the brothers and sisters or their children to the other one-
half.

2. The Lawful Heirs of Guillermo Rustia

Guillerma Rustia is an illegitimate child of Guillermo Rustia. As such, she may be entitled to successional
rights only upon proof of an admission or recognition of paternity. She failed to present authentic proof
of recognition. Together with Guillermina Rustia Rustia, they were held legal strangers to the deceased
spouses and therefore not entitled to inherit from them ab intestato.

Under Article 1002 of the new Civil Code, if there are no descendants, ascendants, illegitimate children,
or survivingspouse, the collateral relatives shall succeed to the entire estate of the deceased. Therefore,
the lawful heirs of GuillermoRustia are the remaining claimants, consisting of his sisters, nieces and
nephews. Therefore, the intestate estate of Guillermo Rustia shall inherit half of the intestate estate of
Josefa Delgado. The remaining half shall pertain to (a) the full and half-siblings of Josefa Delgado who
survived her and (b) the children of any of Josefa Delgado’s full- or half-siblings who may have
predeceased her, also surviving at the time of her death. Josefa Delgado’s grandnephews and
grandnieces are excluded from her estate. The trial court is hereby ordered to determine the identities
of the relatives of Josefa Delgado who are entitled to share in her estate.

Guillermo Rustia’s estate (including its one-half share of Josefa Delgado’s estate) shall be inherited by
Marciana Rustia vda. de Damian and Hortencia Rustia Cruz (whose respective shares shall be per capita)
and the children of the late Roman Rustia, Sr. (who survived Guillermo Rustia and whose respective
shares shall be per stirpes). Considering that Marciana Rustia vda. de Damian and Hortencia Rustia Cruz
are now deceased, their respective shares shall pertain to their estates.