#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, five
other 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 Delgados 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 local
dialect 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 surviving
spouse, the collateral relatives shall succeed to the entire estate of the deceased. Therefore, the lawful heirs of Guillermo
Rustia 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 Delgados full- or half-siblings who may have predeceased her, also surviving at the time of her death. Josefa
Delgados 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 Rustias estate (including its one-half share of Josefa Delgados 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.