Case Digest (G.R. No. L-21993)
Facts:
In Angela Rodriguez, Maria Rodriguez, Abelardo Rodriguez and Antonio Rodriguez et al. v. Hon. Juan de Borja, as Judge of the Court of First Instance of Bulacan, et al. (123 Phil. 1275, June 21, 1966), petitioners Angela, Maria, Abelardo and Antonio Rodriguez challenged the Bulacan trial court’s denial of their motion to dismiss Special Proceeding No. 1331 for alleged want of jurisdiction. Their father, Rev. Fr. Celestino Rodriguez, died on February 12, 1963, in Manila. On March 4, 1963, Apolonia Pangilinan and Adelaida Jacalan deposited a purported last will and testament in the Court of First Instance of Bulacan. On March 8, the Rodriguez heirs filed (and later withdrew) a petition to examine that will. On March 12 at 8:00 a.m., they filed intestate estate proceedings in the Court of First Instance of Rizal, alleging Fr. Rodriguez’s domicile in Parañaque, Rizal, and praying for appointment of Maria Rodriguez as Special Administratrix. Later that morning, at 11:00 a.m., PangilinCase Digest (G.R. No. L-21993)
Facts:
- Parties and death of testator
- Decedent: Rev. Fr. Celestino Rodriguez died February 12, 1963 in Manila.
- Petitioners: Angela, Maria, Abelardo and Antonio Rodriguez; Respondents: Apolonia Pangilinan, Adelaida Jacalan; Hon. Juan de Borja, Judge, CFI Bulacan.
- Proceedings in Bulacan Court
- March 4, 1963: Apolonia Pangilinan and Adelaida Jacalan delivered a purported will of Fr. Rodriguez to the Clerk of Court of Bulacan.
- March 8, 1963: Maria Rodriguez and co-petitioners filed for leave to examine the will; petition withdrawn before action.
- Proceedings in Rizal Court
- March 12, 1963, 8:00 AM: Maria Rodriguez and her siblings filed intestate estate settlement (Sp. Proc. No. 3907) in CFI Rizal, alleging decedent’s residence in Parañaque, Rizal, and naming Maria Rodriguez Special Administratrix.
- March 12, 1963, 11:00 AM: Apolonia Pangilinan and Adelaida Jacalan filed a petition for probate of the will in CFI Bulacan.
- Motion to dismiss and recourse
- Petitioners moved in CFI Bulacan to dismiss the probate, alleging lack of jurisdiction due to pendency of Rizal intestate proceedings.
- CFI Bulacan denied dismissal: the few-hour difference did not grant precedence; movants acted in bad faith to oust Bulacan court’s jurisdiction. Petition for reconsideration denied.
Issues:
- Did CFI Bulacan acquire jurisdiction and exclusive precedence to probate the will upon its delivery on March 4, 1963?
- Did the later-same-day intestate proceedings in Rizal deprive Bulacan court of jurisdiction under Rule 73, § 1?
- Does the residence (venue) of the decedent affect jurisdiction over probate?
- Is intestate succession properly commenced while a valid will remains pending probate?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)