URIARTE vs CFI NEGROS

G.R. Nos. L-21938-39 May 29, 1970

RULE 73 - VENUE AND PROCESS
Facts:
Juan Uriarte y Goite died in Spain and he left reasonable properties in the Philippines. Vicente Uriarte,
who is claiming to be the son and sole heir of the deceased, filed a petition for the intestate settlement
of the estate of the deceased in the Court of First Instance of Negros Occidental. However, said petition
was opposed by the nephews of Juan stating that there is a valid will left by the deceased in Spain, a
copy of which is being requested. Then, the nephews filed a settlement of the estate in the court of
Manila, on the basis of the alleged will of the deceased. Vicente filed an opposition to the settlement of
estate in the court of Manila stating that the court of Negros Occidental has already acquired original
jurisdiction over the case. The opposition of Vicente was dismissed together with the intestate
settlement in the CFI of Negros. Hence, Vicente filed a petition for certiorari questioning the dismissal of
the intestate settlement in the CFI of Negros.
Issue:
Whether or not the intestate settlement should be dismissed.
Held:
Yes. The Supreme Court held that the dismissal of the intestate proceeding is proper. Under the Rules
on the settlement of estate of the deceased person, testate proceedings enjoy priority over intestate
proceedings. Therefore, in case intestate settlement was filed prior to the finding of the will of the
deceased, then the intestate proceedings shall be dismissed to give priority to the testate proceeding.7