Rule 73 Settlement of Estates

Saturday, June 22, 2013 2:45 PM

RULE 73 VENUE AND PROCESSES Sec. 1. Where estate of deceased person settled. - 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. The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the record. I. Resident (Phil or alien) Non resident II. CFI in the province which he resides at time of death OR where property is located CFI in any province which he has an estate

X, decedent is resident of Iligan but has property in Davao. A filed RTC Iligan on June 1, B filed RTC Davao on June 10. where is the venue? Iligan, because RTC iligan acquired first jurisdiction. The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. HOWEVER, Judiciary ACT 1980; Value of property less than or equal to 100K, MTCC has jurisdiction, thus, the answer should depend on the value of the estate.

III.

The question is of venue and not of jurisdiction and venue can be waived. However, if objected upon, case is dismissed without prejudice.

Sec. 2. Where estate settled upon dissolution of marriage. - When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either. I. Regimes of marriage

a. b. c. II. III.

Settlement Absolute community of property Conjugal partnership of gains On death of spouse, debts against community property should be filed in settlement proceedings of deceased spouse. Probate court has no jurisdiction to determine title

Sec. 3. Process. - In the exercise of probate jurisdiction, Court of First Instance may issue warrants and processes necessary to compel the attendance of witnesses or to carry into effect their orders and judgments, and all other powers granted them by law. If a person does not perform an order of judgment rendered by a court in the exercise of its probate jurisdiction, it may issue a warrant for the apprehension and imprisonment of such person until he performs such order or judgment, or is released. I. Probate - to determine validity of will. However, validity can be: a. Intrinsic - substance b. Extrinsic - authenticity and due execution Thus, validity should only not on its form but also its contents. If approved, then another testate proceedings a. Probate does not include distribution of property If disapproved, intestate proceedings

II. III.

Sec. 4. Presumption of death. - For purposes of settlement of his estate, a person shall be presumed dead if absent and unheard from for the periods fixed in the Civil Code. But if such person proves to be alive, he shall be entitled to the balance of his estate after payment of all his debts. The balance may be recovered by motion in the same proceeding. Years 7 10 5 4 2 Purpose for presumptive death all purpose EXCEPT succession For succession purpose If age is above 75 Years old, for all purpose Lost sea voyage, missing airplane, armed forces in part of war, for all purpose Lost sea voyage, missing airplane, armed forces in part of war, for marriage purpose If absentee appears All debts must be paid Recover his property in condition it was found Price of property alienated or other property acquired therwith Not entitled to fruits

I. a. b. c. d.