RULE 73

VENUE AND PROCESS

RULE 73 DEALS ABOUT:

Where estate of deceased person settled

Where estate settled upon dissolution of marriage

The First Section of Rule 73 tells us where the estate of a deceased person will be settled
whether he or she is a Filipino citizen or an alien residing in the Philippines at the time
of his death.
SECTION 1. Where estate of the deceased persons settled
Which court has jurisdiction:
-if the decedents is an inhabitant of the Philippines at the time of his death, whether a
citizen or an alien, his will shall be proved or letters of administration granted, and his
estate settled, in the court of first Instance in the province which he resides at the time of
his death,
-if he is an inhabitant of a foreign country, the Court of first Instance of any province in
which he had estate.
-The court first taking cognizance of the settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all other court, so far as it depends on the place of
residence of the decedent, or of the location of his estate, shall not be contested n a suit or
proceeding, except in an appeal from that court, in the original case, or when the want of
jurisdiction appears on the record.
Under RA7691 the law expanding the jurisdiction of the inferior courts, MTC, MeTC and
MCTC shall exercise exclusive original jurisdiction over probate proceedings, testate and
intestate where the value of the estate does not exceed 200,000(outside Metro Manila) or
does not exceed 400,000 (in Metro Manila).
Venue in judicial settlement of estate
Where the proceedings were instituted in two courts and the question of venue is
seasonably raised, the court in which the proceeding was first filed has exclusive
jurisdiction to resolve the issue.
The second section tells us when the marriage is dissolved by the death of the husband or
wife, the community property shall be:
-

inventoried

administered
liquidated

SECTION 2. Where estate settled upon dissolution of marriageWhen the marriage is dissolved by the death of the husband and wife, the community
property shall be inventoried, administered and liquidated, and the debts thereof paid, I
the testate or intestate proceedings of the deceased spouse. If both spouses have died the
conjugal partnership shall be liquidated in the testate or intestate proceedings of either.
Extent of the Probate court
The main function of the probate court is to settle and liquidate the estates of a
deceased person either summarily or through the process of administration.
The RTC acting as a probate court exercises but limited jurisdiction, thus it has no power
to take cognizance of and determine the issue of the title to property claimed by a third
person adversely to the decedent unless the claimant and all other parties have legal
interest in the property consent, expressly or impliedly, to the submission of the question
to the probate court. In that case if the probate court allows the introduction of evidence
on ownership it is for the sole purpose of determining whether the subject properties
should be included in the inventory.