Republic of the PhilippinesSUPREME COURTManilaFIRST DIVISIONG.R. Nos. 75005-06 February 15, 1990JOSE RIVERA petitioner, vs.INTERMEIATE A!!E""ATE #O$RT a%& AE"AIO J. RIVERA, respondents. Lorenzo O. Navarro, Jr. for petitioner. Regalado P. Morales for private respondent. #R$', J.:Was there only one Venancio Rivera in Mabalacat, Pampanga, or were there two? On May 30, !"#, a prominent and wealthy resident o$ that town named Venancio Rivera died. On %&ly '(, !"#, %ose Rivera, claiming to bethe only s&rviving legitimate son o$ the deceased, $iled a petition $or the iss&ance o$ letters o$ administration over Venancio)s estate. *oc+eted as ,P -o. 0"., this petition was opposed by /delaido %. Rivera, who denied that %ose was the son o$ the decedent. /delaido averred that Venancio was his $ather and did not die intestate b&t in $act le$t two holographic wills. 1On -ovember ", !"#, /delaido %. Rivera $iled, also with the Regional 0rial 1o&rt o$ /ngeles 1ity, a petition $or the probate o$ the holographic wills. *oc+eted as ,P -o. 0!, this petition was in t&rn opposed by %ose Rivera, who reiterated that he was the sole heir o$ Venancio)s intestate estate. ( On -ovember , !"#, the two cases were consolidated. /delaido %. Rivera was later appointed special administrator. /$ter 2oint trial, %&dge 3liodoro 4. 5&into $o&nd that %ose Rivera was not the son o$ the decedent b&t o$ a di$$erent Venancio Rivera who was married to Maria Vital. 0he Venancio Rivera whose estate was in 6&estion was married to Maria %ocson, by whom he had seven children, incl&ding /delaido. %ose Rivera had no claim to this estate beca&se the decedent was not his $ather. 0he holographic wills were also admitted to probate. ) On appeal, the decision o$ the trial co&rt was a$$irmed by the then 7ntermediate /ppellate 1o&rt. * 7ts decision is now the s&b2ect o$ this petition, which &rges the reversal o$ the respondent co&rt. 7n s&pport o$ his claim that he was the sole heir o$ the late Venancio Rivera, %ose so&ght to show that the said person was married in !'( to Maria Vital, who was his mother. 8e s&bmitted $or this p&rpose 39hibit/, the marriage certi$icate o$ the co&ple, and 39hibit 4, his own baptismal certi$icate where the co&ple was indicated as his parents. 0he petitioner also presented *omingo ,antos, who testi$ied that %ose was indeed the son o$ the co&ple and that he saw Venancio and %ose together several times. 5 %ose himsel$ stressed that /delaido considered him a hal$:brother and +issed his hand as a sign o$ respect whenever they met. 8e insisted that /delaido and his brothers and sisters were illegitimate children, sired by Venancio with Maria %ocson. 6 /delaido, $or his part, maintained that he and his brothers and sisters were born to Venancio Rivera and Maria %ocson, who were legally married and lived as s&ch $or many years. 8e e9plained that he co&ld not present his parents) marriage certi$icate beca&se the record o$ marriages $or !;' in Mabalacat were destroyed when the town was b&rned d&ring the war, as certi$ied by 39hibit .. 7 8e also s&bmitted his ownbirth certi$icate and those o$ his sisters >7RM3*, with costs against the petitioner. ,O OR*3R3*. Narvasa (Cairman!, "an#a$#o, "ri%o&'(uino and Medialdea, JJ., #on#ur. Foo,%o,es Original Records, Vol. 7, pp. :3. ' Original Records, Vol. 77, pp. #:. 3 Record on /ppeal, pp. .:"'.; 1o6&ia, %., ponente, with 1astro:4artolome and %&rado, %%., conc&rring.# 0,-, March (, !(', pp. (:'.. )bid., pp. !:'." 0,-, *ec. ', !(', pp. '0:'. ( >older o$ 39hibits, pp. 0, , 3. ! 0,-, ,ept. #, !(3, pp. ;:#, #:'#. 0 0,-, -ov. ;, !(', pp. ":'3. 0,-, *ec. ', !(', pp. !:#.' )bid p. ".