Title
IN RE: Intestate Estate of Kaw Singco vs. Co Ho
Case
G.R. No. 48444
Decision Date
Jun 29, 1943
Dispute over deceased's residence in probate case; Supreme Court ruled it pertains to venue, not jurisdiction, affirming prior interpretations.

Case Digest (G.R. No. 48444)
Expanded Legal Reasoning Model

Facts:

  • Parties Involved
    • The intestate estate of the late Kaw Singco (alias Co Chi Seng), represented by Sy Oa as administratrix-appellee.
    • Co Ho, the oppositor-appellant, who challenges the legal determination made by the lower court regarding venue.
  • Disputed Matter
    • The core dispute centers on whether the deceased was residing in Camarmes Sur or the City of Manila at the time of death.
    • This determination is critical as it influences the correct venue for the probate proceedings of the decedent's estate.
  • Relevant Legal Provisions and Precedents
    • The case involves the interpretation of Article VIII, Section 2, No. 3 of the Philippine Constitution and Section 138, No. 3 of the Revised Administrative Code (as amended by Commonwealth Acts Nos. 3 and 259).
    • Prior decisions—namely, Reyes vs. Diaz, G.R. No. 48754, and Bernabe vs. Vergara, G.R. No. 48652—have set the precedent that the term “jurisdiction” refers strictly to subject-matter jurisdiction and not to venue.
    • Additional Statutory Framework:
      • Act No. 136 and its amendments establish jurisdiction over probate cases.
      • Act No. 190 (Rule 75) fixes the venue for probate proceedings, emphasizing that the residence of the deceased is a matter of venue rather than jurisdiction.
  • Procedural History and Developments
    • In the lower court, a resolution was issued certifying the case to the Court of Appeals to further address whether the deceased’s residence properly determines the venue rather than affecting the subject-matter jurisdiction.
    • Co Ho, the oppositor-appellant, filed a motion for reconsideration challenging the interpretation that distinguishes jurisdiction from venue.
    • The underlying concern was that an erroneous interpretation would risk annulling completed proceedings and force a re-litigation of cases that had already seen significant development.

Issues:

  • Interpretation of “Jurisdiction” versus “Venue”
    • Whether Article VIII, Section 2, No. 3 of the Constitution and Section 138, No. 3 of the Revised Administrative Code should be read as conferring jurisdiction solely over the subject matter, excluding venue considerations.
  • Determination of the Deceased’s Residence
    • Whether the place of last residence of the deceased is to be treated as an element affecting the court’s subject-matter jurisdiction or merely a matter of venue determination.
  • Consequences of Misinterpretation
    • Whether considering the deceased’s residence as impacting jurisdiction would result in nullifying all substantive proceedings and decisions already rendered in a probate case.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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