SOLIVIO vs.

CA
February 12, 1990

FACTS:
Celedonia, maternal aunt of the deceased, was
declared as the sole heir. 4 months later, Concordia,
sister of the deceaseds father file a MFR claiming that
she too was an heir of the deceased. Instead of
appealing, Concordia sued Celedonia for partition,
recovery of possession, ownership and damages. The
suit was initiated while the probate proceedings were still
pending. Branch 26 granted Concordias prayers.

HELD:
Branch 26 was incorrect in taking cognizance of
the case because it was the probate court that had the
exclusive jurisdiction to make a just and legal distribution
of the estate.

It is the order of distribution directing the delivery
of the residue of the estate to the persons entitled
thereto that brings to a close the intestate
proceedings. The order declaring Celedonia as the sole
heir of the estate did not toll the end of the proceedings.
In the interest of orderly procedure and to avoid
confusing and conflicting dispositions of a decedents
estate, a court should not interfere with probate
proceedings pending in a co-equal court.