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    Rosa Cayetano Cuenco vs. Court of Appeals G.R. No. L-24742 October 26, 1973

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    Joshua Peralta
    1. The Supreme Court found that the Court of Appeals erred in issuing a writ of prohibition against the Quezon City court from proceeding with testate proceedings regarding a deceased person's estate. 2. Under the rules on jurisdiction over estate settlements, the court that first takes cognizance of the estate has exclusive jurisdiction over settling the estate. The Cebu court deferred to the Quezon City court, which first took cognizance when a will was filed for probate. 3. Therefore, neither the Quezon City court nor the Cebu court acted without jurisdiction, as the Quezon City court properly exercised jurisdiction over the estate settlement after the Cebu court deferred to it. The opposition should have been through

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    Rosa Cayetano Cuenco vs. Court of Appeals G.R. No. L-24742 October 26, 1973

    Uploaded by

    Joshua Peralta
    5 views2 pages
    1. The Supreme Court found that the Court of Appeals erred in issuing a writ of prohibition against the Quezon City court from proceeding with testate proceedings regarding a deceased person's estate. 2. Under the rules on jurisdiction over estate settlements, the court that first takes cognizance of the estate has exclusive jurisdiction over settling the estate. The Cebu court deferred to the Quezon City court, which first took cognizance when a will was filed for probate. 3. Therefore, neither the Quezon City court nor the Cebu court acted without jurisdiction, as the Quezon City court properly exercised jurisdiction over the estate settlement after the Cebu court deferred to it. The opposition should have been through

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    1. The Supreme Court found that the Court of Appeals erred in issuing a writ of prohibition against the Quezon City court from proceeding with testate proceedings regarding a deceased person's estate. 2. Under the rules on jurisdiction over estate settlements, the court that first takes cognizance of the estate has exclusive jurisdiction over settling the estate. The Cebu court deferred to the Quezon City court, which first took cognizance when a will was filed for probate. 3. Therefore, neither the Quezon City court nor the Cebu court acted without jurisdiction, as the Quezon City court properly exercised jurisdiction over the estate settlement after the Cebu court deferred to it. The opposition should have been through

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views2 pages

    Rosa Cayetano Cuenco vs. Court of Appeals G.R. No. L-24742 October 26, 1973

    Uploaded by

    Joshua Peralta
    1. The Supreme Court found that the Court of Appeals erred in issuing a writ of prohibition against the Quezon City court from proceeding with testate proceedings regarding a deceased person's estate. 2. Under the rules on jurisdiction over estate settlements, the court that first takes cognizance of the estate has exclusive jurisdiction over settling the estate. The Cebu court deferred to the Quezon City court, which first took cognizance when a will was filed for probate. 3. Therefore, neither the Quezon City court nor the Cebu court acted without jurisdiction, as the Quezon City court properly exercised jurisdiction over the estate settlement after the Cebu court deferred to it. The opposition should have been through

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    ROSA CAYETANO CUENCO vs.

    COURT OF APPEALS
    G.R. No. L-24742 October 26, 1973

    ISSUES:

    1. Whether or not CA erred in issuing the writ of prohibition


    2. Whether or not CFI Quezon City acted without jurisdiction or grave abuse of discretion in taking
    cognizance and assuming exclusive jurisdiction over the probate proceedings in pursuance to CFI Cebu's
    order expressly consenting in deference to the precedence of probate over intestate proceedings.

    HELD:

    1.Yes. The Supreme Court found that CA erred in law in issuing the writ of prohibition against the
    Quezon City court from proceeding with the testate proceedings and annulling and setting aside all its
    orders and actions, particularly its admission to probate of the last will and testament of the deceased
    and appointing petitioner-widow as executrix thereof without bond pursuant to the deceased testator’s
    wish. On Venue and Jurisdiction Under Rule 73, the court first taking cognizance of the settlement of the
    estate of a decent, shall exercise jurisdiction to the exclusion of all other courts. The residence of the
    decent or the location of his estate is not an element of jurisdiction over the subject matter but merely
    of venue. If this were otherwise, it would affect the prompt administration of justice. The court with
    whom the petition is first filed must also first take cognizance of the settlement of the estate in order to
    exercise jurisdiction over it to the exclusion of all other courts

    2.No. Under the facts, the Cebu court could not be held to have acted without jurisdiction or with grave
    abuse of jurisdiction in declining to take cognizance of the intestate petition and deferring to the
    Quezon City court. Necessarily, neither could the Quezon City court be deemed to have acted without
    jurisdiction in taking cognizance of and acting on the probate petition since under Rule 73, section 1, the
    Cebu court must first take cognizance over the estate of the decedent and must exercise jurisdiction to
    exclude all other courts, which the Cebu court declined to do. Furthermore, as is undisputed, said rule
    only lays down a rule of venue and the Quezon City court indisputably had at least equal and coordinate
    jurisdiction over the estate.   NOTE (additional info): •Opposition to jurisdiction of trial court in
    settlement proceedings should be by  appeal: Under Rule 73, section 1 itself, the Quezon City court's
    assumption of   jurisdiction over the decedent's estate on the basis of the will duly presented for
    probate by petitioner-widow and finding that Quezon City was the first choice of residence of the
    decedent, who had his conjugal home and domicile therein — with the deference in comity duly given
    by the Cebu court — could not be contested except by appeal from said court in the original case except
    when want of jurisdiction appears on the record. •When proceedings for settlement of estate will not be
    annulled even if court had improper venue: the mischievous effect in the administration of justice" of
    considering the question of residence as affecting the jurisdiction of the trial court and annulling the
    whole proceedings only to start all over again the same proceedings before another court of the same
    rank in another province is too obvious to require comment. It would be an unfair imposition upon
    petitioner as the one named and entitled to be executrix of the decedent's last will and settle his estate
    in accordance therewith, and a disregard of her rights under the rule on venue and the law on
    jurisdiction to require her to spend much more time, money and effort to have to go from Quezon City
    to the Cebu court every time she has an important matter of the estate to take up with the probate
    court.

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