URIARTE VS. CFI, G.R. NOS.

L-21938-39, MAY 29, 1970

FACTS:
 Vicente Uriarte (alleging acknowledged natural son) initiated an intestate proceeding (Negros) for
his father’s estate
 Pending resolution, it was found that the decedent left a will in Spain, hence other heirs initiated a
testate proceeding in Manila instead of presenting the will in the intestate proceeding. Later filed a
MTD of the intestate proceeding in Negros.

CFI-Manila – allowed probate;

CFI-Negros – dismissed intestate proceeding upon said MTD.

Hence, Uriarte filed for omnibus motion in CFI-Manila asking for dismissal of probate proceeding – that
it was CFI-Negros that took first cognizance of the case; DENIED. Hence, petition for certiorari.

NOTE: Petitioner had knowledge of the intestate proceeding.

ISSUE: WON the dismissal of the intestate proceeding in Negros was proper?

HELD: YES. NO consolidation; 2nd court; it was not proper sana, but Uriarte failed to timely object the
question on improper venue, hence nagging proper na.

The intestate proceeding may be terminated at any time when it is discovered that the deceased had left
a will because testacy is favored over intestacy.

Testate proceeding should replace the intestate proceeding by submitting the will for probate either on
motion in the pending intestate proceeding or as a separate proceeding even if at that state an
administrator had already been appointed. The administrator should render final account and turn over
the estate to the executor subsequently appointed. Without prejudice that should the alleged will be
rejected or disapproved, the proceeding shall continue as intestacy.

Case at bar: Respondents did not present the will in the CF-Negros.
The case now being improper venue, Uriarte may question the same either:
a) In an appeal from the court, in the original case; or
b) When want of jurisdiction appears on the record. (If a plain reading of the records of the case will
immediately show that venue was improperly laid. When it was filed on a wrong court.)
NOTE: Such error is not jurisdictional, hence, must be raised, otherwise, it is waived.

Unfortunately for Uriarte failed to timely object the filing of the petition for probate in CFI Manila
thereby guilty of laches.

The CFI Manila may continue with the probate case, without prejudice to petitioner's successful action
for his compulsory recognition as heir.
DENIED.