Rodriguez v. Borja Sec.

3 of Rule 76 states that “when a will is delivered to, or a petition for the allowance of a will
G.R. No. L-21993 is filed in, the court having jurisdiction, such court shall fix a time and place for proving the will
June 21, 1966 when all concerned may appear to contest the allowance thereof…”

Topic: Intestate Succession in general The use of the disjunctive in the words "when a will is delivered to OR a petition for the
Petitioner: Angela Rodriguez, Maria Rodriguez, Et. Al. allowance of a will is filed" plainly indicates that the court may act upon the mere deposit
Respondent: Hon. Juan de Borja, CFI Bulacan, Anatolia Pangilinan and Adelaida Jacalan therein of a decedent's testament, even if no petition for its allowance is as yet filed. Where
Ponente: Reyes, J.B.L., J. the petition for probate is made after the deposit of the will, the petition is deemed to relate
back to the time when the will was delivered. Since the testament of Fr. Rodriguez was
DOCTRINE: Intestate succession is only subsidiary or subordinate to the testate, since intestacy submitted and delivered to the Court of Bulacan on March 4, while petitioners initiated
only takes place in the absence of a valid operative will. intestate proceedings in the Court of First Instance of Rizal only on March 12, eight days later,
the precedence and exclusive jurisdiction of the Bulacan court is incontestable.
FACTS:
 Fr. Celestino Rodriguez died on February 12, 1963 in the City of Manila and left real Additionally, intestate succession is only subsidiary or subordinate to the testate, since
properties in Rizal, Quezon City, and Bulacan. intestacy only takes place in the absence of a valid operative will.
 On March 4, 1963, private respondents delivered to the Clerk of Court of Bulacan a
purported last will and testament of Fr. Rodriguez. Petitioners moved to examine the Art. 960 of the Civil Code provides that Legal or intestate succession takes place:
will, but before the court could act on it, the petition was withdrawn. (1) If a person dies without a will, or with a void will, or one which has subsequently lost its
 At 8:00am on March 12, 1963, Petitioners filed before the CFI of Rizal a petition for validity;
the settlement of the intestate estate of Fr. Rodriguez alleging that he was a resident (2) When the will does not institute an heir to, or dispose of all the property belonging to the
of Paranaque, Rizal and died without leaving a will. (Intestate proceedings) testator. In such case, legal succession shall take place only with respect to the property in
which the testator has not disposed;
 At 11:00am on March 12, 1963, private respondents petitioned the CFI Bulacan for
(3) If the suspensive condition attached to the institution of heir does not happen or is not
the probate of the will they delivered on March 4. They alleged that Fr. Rodriguez
fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no
was born in Paranaque, Rizal and that he was a parish priest of the Catholic Church of
substitution, and no right of accretion takes place;
Hagonoy, Bulacan from 1930 up to the time of his death. (Testate proceedings)
(4) When the heir instituted is incapable of succeeding, except in cases provided in this Code.
 Petitioners moved to dismiss the testate proceedings on the ground that the CFI
Bulacan has no jurisdiction to try the case due to the pendency of another action for
Therefore, it is only after final decision as to the nullity of testate succession could an intestate
the settlement of the estate of Fr. Rodriguez in the CFI Rizal, considering that the
succession be instituted in the form of pre-established action. The institution of intestacy
petition for settlement of intestate estate was filed ahead.
proceedings in the CFI Rizal may not proceed while the probate of the purported will of Fr.
 Private respondents countered that the CFI Bulacan had already acquired jurisdiction
Rodriguez is pending in the CFI Bulacan.
over the case upon their delivery of the will to the Clerk of Court on March 4, 1963.
 The CFI Bulacan denied the motion to dismiss on the ground that the difference of a
The CFI Bulacan was entitled to priority in the settlement of the estate of Fr. Rodriguez.
few hours did not entitle one proceeding to preference over the other. It invoked
Ongsingco v. Tan, G.R. No. L-7792, July 7, 1955, wherein the Court held that if the
DISPOSITIVE: Wherefore, the writ of certiorari applied for is denied. Costs against petitioners
decedent is an inhabitant of the Philippines at the time of his death, his will shall be
Rodriguez.
proved and his estate settled in the CFI in the province in which he resides at the time
of his death… The court taking cognizance of the settlement of the estate of the
decedent shall exercise jurisdiction to the exclusion of all other courts.

ISSUE: Whether or not the intestate proceedings take precedence over the testate
proceedings

RULING: No, the testate proceedings in the CFI Bulacan take precedence over the intestate
proceedings under the CFI Rizal. The jurisdiction of the CFI Bulacan became vested upon the
delivery thereto of the will of Fr. Rodriguez on March 4, 1963 even if no petition for its
allowance was filed yet because, upon the will being deposited, the court could, motu proprio,
have taken steps to fix the time and place for proving the will.