Cuenco vs.

CA
G.R. No. L-24742, October 26, 1973
The court first taking cognizance of the settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all other courts

FACTS:
Senator Mariano Jesus Cuenco died in Manila. He was survived by his widow and two
minor sons, residing in Quezon City, and children of the first marriage, residing in
Cebu. Lourdes, one of the children from the first marriage, filed a Petition for Letters
of Administration with the Court of First Instance (CFI) Cebu, alleging that the
senator died intestate in Manila but a resident of Cebu with properties in Cebu and
Quezon City.
The petition still pending with CFI Cebu, Rosa Cayetano Cuenco, the second wife,
filed a petition with CFI Rizal for the probate of the last will and testament, where
she was named executrix. Rosa also filed an opposition and motion to dismiss in CFI
Cebu but this court held in abeyance resolution over the opposition until CFI Quezon
shall have acted on the probate proceedings.
Lourdes filed an opposition and motion to dismiss in CFI Quezon, on ground of lack
of jurisdiction and/or improper venue, considering that CFI Cebu already acquired
exclusive jurisdiction over the case. The opposition and motion to dismiss were
denied. Upon appeal CA ruled in favor of Lourdes and issued a writ of prohibition to
CFI Quezon.
ISSUEs:
Whether or not CA erred in issuing the writ of prohibition
Whether or not CFI Quezon acted without jurisdiction or grave abuse of discretion in
taking cognizance and assuming exclusive jurisdiction over the probate proceedings
in pursuance to CFI Cebu's order expressly consenting in deference to the
precedence of probate over intestate proceedings

HELD:
The Supreme Court found that CA erred in law in issuing the writ of prohibition
against the Quezon City court from proceeding with the testate proceedings and
annulling and setting aside all its orders and actions, particularly its admission to
probate of the last will and testament of the deceased and appointing petitionerwidow as executrix thereof without bond pursuant to the deceased testator's wish.

On Venue and Jurisdiction

Under Rule 73, the court first taking cognizance of the settlement of the estate of a
decent, shall exercise jurisdiction to the exclusion of all other courts.

The residence of the decent or the location of his estate is not an element of
jurisdiction over the subject matter but merely of venue. If this were otherwise, it
would affect the prompt administration of justice.

The court with whom the petition is first filed must also first take cognizance of the
settlement of the estate in order to exercise jurisdiction over it to the exclusion of all
other courts.