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Digest SpecPro Assignment

1) The Supreme Court upheld the rulings of the Quezon City Court in admitting the will of Senator Mariano Jesus Cuenco to probate and naming his widow as executrix, even though an intestate proceeding was filed first in Cebu. Testate proceedings take precedence over intestate proceedings. 2) While the deceased member of the Constitutional Convention was domiciled in Laguna, his actual place of residence at the time of death was in Quezon City. The term "resides" refers to physical presence, so the proper venue for estate proceedings was Quezon City, not Laguna. 3) An heir can only adjudicate the entire estate to himself by means of an affidavit if

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91 views1 page

Digest SpecPro Assignment

1) The Supreme Court upheld the rulings of the Quezon City Court in admitting the will of Senator Mariano Jesus Cuenco to probate and naming his widow as executrix, even though an intestate proceeding was filed first in Cebu. Testate proceedings take precedence over intestate proceedings. 2) While the deceased member of the Constitutional Convention was domiciled in Laguna, his actual place of residence at the time of death was in Quezon City. The term "resides" refers to physical presence, so the proper venue for estate proceedings was Quezon City, not Laguna. 3) An heir can only adjudicate the entire estate to himself by means of an affidavit if

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ptdwnhro
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© © All Rights Reserved
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[1]

Rosa Cayetano Cuenco v. Court of Appeals, et al. [5]


L-24742, Oct. 26, 1973
Priority or Preference of Testate Over Intestate Proceedings
FACTS: On the death of Senator Mariano Jesus Cuenco, he was survived by
his children of the fi rst marriage, AND by his second wife and two minor Vicente Uriarte v. CFI of Negros Occidental, et al.
L-21938-39, May 29, 1970
sons. One of the children of the fi rst marriage (Lourdes Cuenco) alleged in
the Cebu CFI (now RTC) that the father died intestate; she therefore asked
The Court ruled that:
that she be appointed administratrix. One week later, the widow fi led with the (a) Testate proceedings take precedence over intestate proceedings
Quezon City CFI (RTC) a petition for the probate of the deceased’s last will for the same purpose.
and testament and for her to act as executrix. Lourdes Cuenco opposed the
petition in the Quezon City Court, alleging the pendency of the intestate (b) If in the course of intestate proceedings pending before the
proceeding in Cebu. CFI (now RTC) it is found that the decedent left a will, proceedings for the
probate of the will should replace the intestate proceedings (in the same
The Quezon City Court denied the motion to dismiss filed by Lourdes, heard court), even if at that stage, an administrator had already been appointed, the
the case, and eventually admitted the will to probate, allowed the widow to latter being required to render his fi nal accounts and to turn over the estate
act as executrix. to the executor subsequently named. This is without prejudice to the fact that
if, the will be disallowed, the intestate proceedings should be resumed.
The Quezon City Court also ruled that the residence of Cuenco at the time of
his death was at 69 Pio y Margal, Sta. Mesa Heights, Quezon City. When Is Adjudication By An Heir of the Decedent’s
Entire Estate to Himself By Means of an Affi davit Allowed?
Issue: Were the rulings of the Quezon City Court proper?
Only if he is the sole heir of the estate. (Delgado Vda. de
HELD: Yes, the Quezon City Court acted regularly within its jurisdiction in Dela Rosa v. Heirs of Marciana Vda. de Damian, 480 SCRA
admitting the will to probate and in naming the widow as executrix thereof. 334 [2006]).
The Supreme Court is not inclined to annul proceedings regularly had in a
lower court (even if the latter is not the proper venue therefor), if the net
result would be to have the same proceedings repeated in some other court
of similar jurisdiction.

[3]
Garcia Fule v. Court of Appeals
L-40502 and L-42670
Nov. 29, 1976
FACTS: Although the deceased (a member of the Constitutional Convention)
was domiciled in Calamba, Laguna, his actual place of residence when he
died was in Carmel Subdivision, Quezon City.

What is the proper venue of his estate proceedings — Laguna or Quezon


City?

HELD: Quezon City because the term “resides” in Sec. 1, Rule 73 of the
Rules of Court, should be viewed in its popular sense (physical presence in a
place where
a person actually stays) and not in the legal sense which is domicile.

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