8. Fule v. CA G.R. No.

L-40502 November 29, 1976

FACTS: Virginia G. Fule (illegitimate sister) filed with the CFI of Laguna a petition for letters of administration alleging
“that on April 26, 1973, Amado G. Garcia, a property owner of Calamba, Laguna, died intestate in the City of Manila,
leaving real estate and personal properties in Calamba, Laguna, and in other places, within the jurisdiction of the
Honorable Court.” At the same time, she moved ex parte for her appointment as special administratix over the estate.
Judge Malvar granted the motion.

A motion for reconsideration was filed by Preciosa B. Garcia, the surviving spouse of the deceased, contending that;

1) The decedent “resided” in QC for 3 months before his death as shown by his death certificate and therefore have an
improper venue.

2) The CFI of Calamba lacks jurisdiction over the petition.

CFI denied the motion. CA reversed and affirmed making Preciosa the administratix.

Thus, Fule elevated the matter to the SC on appeal by certiorari.

ISSUES:

a.) Are venue and jurisdiction the same? How can it be determined in the present case?

b.) What does the word “resides” in Revised Rules of Court Rule 73 Section 1 Mean?

c.) Who is entitled as special administratix of the estate?

Held:

1. No, jurisdiction is defined as the authority to try, hear and decide a case base on the merits or the substance of
the facts. It is a substantive aspect of the trial proceeding. It is granted by law or by the constitution and cannot
be waived or stipulated.

On the other hand, Rule 4 of Rules of Court define venue as the proper court which has jurisdiction over the area
wherein real property involved or a portion thereof is situated. Venue is the location of the court with jurisdiction. It is
more on convenience purposes. It’s more on procedural aspect of the case. In some cases it may be waived or stipulated
by the parties.

Section 1, Rule 73 of the Revised Rules of Court provides: “If the decedent 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 in which he resides at the time of his death, and if he is an inhabitant
of a foreign country, the Court of First Instance of any province in which he had estate.

1. “Resides” should be viewed or understood in its popular sense, meaning, the personal, actual or physical
habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay
thereat. In this popular sense, the term means merely residence, that is, personal residence, not legal residence
or domicile. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires
bodily presence in that place and also an intention to make it one’s domicile. No particular length of time of
residence is required though; however, the residence must be more than temporary.
 1. In the present case, SC ruled that the last place of residence of the deceased should be the venue of the court.
Amado G. Garcia was in Quezon City, and not at Calamba, Laguna base on his death certificate. A death
certificate is admissible to prove the residence of the decedent at the time of his death.

Withal, the conclusion becomes imperative that the venue for Virginia C. Fule’s petition for letters of administration was
improperly laid in the Court of First Instance of Calamba, Laguna. Therefore Preciosa B. Garcia was granted as a special
administratix.