OZAETA vs. CUARTERO G.R. No.

L-5597 May 31, 1956

26

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)