Case Digest

The Case. - VICENTE URIARTE, petitioner, vs. THE COURT OF FIRST INSTANCE OF NEGROS
OCCIDENTAL (12th Judicial District) THE COURT OF FIRST INSTANCE OF MANILA, BRANCH IV, JUAN
URIARTE ZAMACONA and HIGINIO URIARTE, respondents. 33 SCRA 252, Nos. L-21938-39 May 29, 1970

Facts. - Juan Uriarte y Goite died in Spain and he left reasonable properties in the Philippines.
Vicente Uriarte, who is claiming to be the son and sole heir of the deceased, filed a petition for the
intestate settlement of the estate of the deceased in the Court of First Instance of Negros Occidental.
However, said petition was opposed by the nephews of Juan stating that there is a valid will left by the
deceased in Spain, a copy of which is being requested. Then, the nephews filed a settlement of the
estate in the court of Manila, on the basis of the alleged will of the deceased.

Vicente filed an opposition to the settlement of estate in the court of Manila stating that
the court of Negros Occidental has already acquired original jurisdiction over the case. The opposition
of Vicente was dismissed together with the intestate settlement In the CFI of Negros.

Hence, Vicente filed a petition for certiorari questioning the dismissal of the intestate
settlement in the CFI of Negros.

Issue. - Whether or not the intestate settlement should be dismissed.

Held. The Supreme Court held that the dismissal of the intestate proceeding is proper. Under the
Rules on the settlement of estate of the deceased person, testate proceedings enjoy priority over
intestate proceedings. Therefore, in case intestate settlement was filed prior to the finding of the will of
the deceased, then the intestate proceedings shall be dismissed to give priority to the testate
proceeding.

Doctrines learned. – (1) Under the Judiciary Act of 1948 (Section 44, paragraph [4]), Courts of
First Instance have original exclusive jurisdiction over "all matters of probate," that is, over special
proceedings for the settlement of the estate of deceased persons—whether they died testate or
intestate.

(2) The matter of venue, or the particular Court of First Instance where the special proceeding should be
commenced, is regulated by former Rule 75, Section 1 of the Rules of Court, now Section 1, Rule 73 of
the Revised Rules of Court, which provides that the estate of a decedent inhabitant of the Philippines at
the time of his death, whether a citizen or an alien, shall be in the Court of First Instance in the province
in which he resided 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.

(3) Testate proceedings enjoy priority over intestate proceedings.

(4) Where intestate proceedings had been commenced, the probate of will should be filed in same
court.

(5) Question of acknowledgment as a natural child of testator may be presented to probate court.

(6)