10. DELGADO v.
HEIRS OF DAMIAN HELD:
G.R. No. 155733. January 27, 2006. * IN THE MATTER OF THE INTESTATE
ESTATES OF THE DECEASED JOSEFA DELGADO AND GUILLERMO RUSTIA
FACTS:
- Main concern of this case is the determination of the rightful heirs of Spouses
Josefa Delgado and Guillermo Rustia who died in 1972 and 1974, respectively.
- PETITIONERS: relatives of Josefa (the alleged heirs of Josefa Delgado,
consisting of her half- and full-blood siblings, nephews and nieces, and
grandnephews and grand-nieces)
- RESPONDENTS: relatives of Guillermo (his sisters, his nephews and nieces, his
illegitimate child, and the de facto adopted child (ampun-ampunan) of the
decedents)
- they died without issues, but had ampun-ampunan, not legally adopted
(Guillermina and Nanie) and an illegitimate child of Guillermo, Guillerma.
- Josefa had full-blood and half-blood siblings – whether their relationship was both
illegitimate or legitimate was put into question in determination of her heirs
(principle of absolute separation between the legitimate and illegitimate families)
- Josefa and Guillermo’s marriage was also put into question as no record of their
marriage certificate
- Josefa died, Guillermo executed an affidavit of self-adjudication of the remaining
properties comprising her estate
- Guillermo died without a will.
- Luisa Delgado Vda. De Danao, daughter of Luis Delgado, half-brother of Josefa,
filed the original petition for letters of administration of the intestate estates of the
“spouses Josefa Delgado and Guillermo Rustia” with the RTC of Manila
- opposed by RESPONDENTS Guillermo’s sisters, nephews/nieces and Guillerma
on the basis that that Luisa Delgado Vda. de Danao and the other claimants were
barred under the law from inheriting from their illegitimate half-blood relative Josefa
Delgado
- filed a MTD insofar as the estate of Guillermo is concerned
- Luisa substituted by sister Carlota, appointed as administratitx of both estate
CA – remanded the case to RTC to the validity of the affidavit of self-adjudication
executed by Dr. Guillermo Rustia and determine the extent of shares of Josefa’s
relatives/heirs
ISSUE: W/n the affidavit of self-adjudication executed by Guillermo was valid
– NO
- Guillermo not sole heir.
1. valid marriage
- certificate of identity issued to Josefa Delgado as Mrs. Guillermo Rustia, the
passport issued to her as Josefa D. Rustia, the declaration under oath of no less
than Guillermo Rustia that he was married to Josefa Delgado and the titles to the
properties
- presumption of marriage - “lived together as husband and wife”
2. All children of Felisa Delgado, mother of Josefa from two men were all
illegtimate, no marriage was proven (Ramon Osorio and Lucio Campo)
- The law prohibits reciprocal succession between illegitimate children and
legitimate children of the same parent, even though there is unquestionably a tie of
blood between them
- all siblings of Josefa, full and half, since they were all illegitimate, they may inherit
from each other. Accordingly, all of them are entitled to inherit from Josefa
Delgado
- petitioners before are already the nephews, nieces, grandnephews and
grandnieces of Josefa Delgado  only brothers and sisters, or their children who
were still alive at the time of her death on September 8, 1972 may inherit  YET
TO BE DETERMINED by trial court
3. Since Josefa Delgado had heirs other than Guillermo Rustia, Guillermo could
not have validly adjudicated Josefa’s estate all to himself. Rule 74, Section 1 of the
Rules of Court is clear. Adjudication by an heir of the decedent’s entire estate to
himself by means of an affidavit is allowed only if he is the sole heir to the estate
4. Guillermina (illegitimate) and Guillerma (ampon-ampunan) – not entitled to
inherit
- no acknowledgement/recognition (compulsory or voluntary)
- adoption proceedings did not pursue, death of Guillermo
5. Letters of Administration
- In the appointment of an administrator, the principal consideration is the interest
in the estate of the appointee
- JOINT ADMINSTRATION - fit to appoint joint administrators, in the persons of
Carlota Delgado Vda. de de la Rosa and a nominee of the nephews and nieces of
Guillermo Rustia. They are the next of kin of the deceased spouses Josefa
Delgado and Guillermo Rustia, respectively.