TOPIC: II. UNDER RULES OF COURTA. SETTLEMENT OF ESTATES1. VENUE & JURISDICTIONCASE #2: GARCIA FULE V. CA
Nov. 29, 1976; J. Martin
Petitions for review of the decision of the CA
On April 26, 1973 Amado G. Garcia died, he owned property in Calamba, Laguna.On May 2, 1973, Virginia G. Fule field with CFI Laguna a petition for letters of administration and ex parte appointment as special administratix over the estate.Motion was granted.(there was an allegation that the wife was Carolina Carpio)Preciosa B. Garcia, wife of deceased, and in behalf of their child: Agustina B. Garciaopposed, which was denied by CFI.(Preciosa alleged that Fule was a creditor of the estate, and as a mere illegitimatesister of the deceased is not entitled to succeed from him
)CA reversed and annulled the appointment of Fule.Preciosa became special administratrix upon a bond of P30k.
a.)Venue v. jurisdictionb.)What does the word “resides” in Revised Rules of Court Rule 73 Section 1Mean?c.)Who is entitled?
:a.)RULE 73SECTION 1. “if the decedent is an inhabitant of the Philippines at the time of hisdeath, whether a citizen or an alien, his will shall be proved, or letters of administration granted, and his estate settled at the CFI in the province in whichhe resides at the time of his death,And if he is an inhabitant of a foreign country, the CFI of any province in which hehad estate.The court 1
taking cognizance of the settlement of the estate of a decedent shallexercise jurisdiction to the exclusion of all other courts.
NCC Art. 992. An illegitimate child has no right to inherit ab intestado from the legitimatechildren and relatives of his father or mother; nor shall such children or relatives inherit in thesame manner from the illegitimate child.
The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contestedin a suit or proceedings, except in an appeal from that court, in the original case,or when the want of jurisdiction appears on the record.”Fule’s own submitted Death Certificate shows that the deceased resided in QC at thetime of his death, therefore the
of Laguna was improper.Venue is subject to waiver (RULE 4 SECTION 4), but Preciosa did not waive it,merely requested for alternative remedy to assert her rights as surviving spouse.However, venue is distinct from
which is conferred by Judiciary Act of 1948, as amended to be with CFIs independently from the place of residence of thedeceased.RULE 79SECTION 2, demands that the petition should show the existence of jurisdiction tomake the appointment sought, and should allege all the necessary facts such asdeath, name, last residence, existence, situs of assets, intestacy, right of person whoseeks administration as next of kin, creditor or otherwise to be appointed. b.)Resides – ex vi termini “actual residence”-Elastic and should be interpreted in the light of the object or purpose of thestatute or rule in which it is employed.-Same meaning as “inhabitant”.-Popular sense – the personal, actual or physical habitation of a person,actual residence or place of abode-Must be more than temporaryDistinguished from“legal residence or domicile” – requires bodily presence and an intention to makeit one’s domicile.c.)Preciosa is prima facie entitled to the appointment of special administratrix.The New Rules RULE 80 SECTION 1 broadened the basis for appointment of
to take possession and charge of the estates of the deceased until the questions causing the delay are decided and (regular)executors or administrators appointed.Old rules basis ay: appeal of allowance of disallowance of a will;New: added - “xxx
in granting letters testamentary or of administration
(includes parties cannot agree among themselves) including an appeal of allowance of disallowance of a will, the court may appoint a xxx”
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