Spec Pro Class 2020

Facts:
The decedent JUAN URIARTE y GOITE died in Spain and he left several properties in the Philippines. Claiming to be the son and sole heir of the deceased, Vicente Uriarte, 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, JUAN URIARTE ZAMACONA and HIGINIO URIARTE 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 Court of First Instance of Negros Occidental. Hence, Vicente filed a petition for certiorari questioning the dismissal of the intestate settlement in the Court of First Instance of Negros Occidental.

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Issue:
Whether or not the Court of first instance of Negros Occidental erred in dismissing the petitioners .petition for intestate settlement.

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Ruling:

The Supreme Court ruled that no, the CFI of Negros Occidental did not erred.

 

The dismissal of the intestate proceeding is proper because 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.