Cuenco v.

CA
ACTION
Petition for certiorari
FACTS
Senator Mariano Jesus Cuenco died at the Manila Doctors Hospital, Manila.
Was survived by widow and 2 minor sons
All residing in QC
and
Children of the 1st marriage
All residing in Cebu
Lourdes (child in 1st marriage)
Filed Petition for Letters of Administration with the CFI Cebu,
That Mariano Cuenco was a resident of Cebu at the time of his death;

That Mariano Cuenco left real and personal properties in Cebu and QC.
CFI Cebu Order
Premature for this Court to act thereon,
for not having yet regularly acquired jurisdiction to try this proceeding, and
requisite publication of the notice of hearing not yet having been complied
Rosa Cayetano (widow of 2nd marriage)
Petition for Probate of Mariano's last will and testament and for issuance of letters of
testamentary, before CFI QC
Having learned pending intestate estate proceeding, filed Opposition to Petition for
Appointment of Special Administrator
CFI Cebu Order
Held in abeyance its resolution on petitioners motion to dismiss until after the CFI
QC shall have acted on the petition for probate
Lourdes et al
Filed Opposition and Motion to Dismiss Probate of the will and assailing jurisdiction
of CFI QC for lack of jurisdiction and improper venue, before the CFI QC
CFI QC
Denied Lourdes et als motion to dismiss
Reason : the precedence of probate proceeding over an intestate proceeding.

Also, he residence of the late senator at the time of his death was at No. 69 Pi y
Margal, Sta. Mesa Heights, Quezon City.
CA
writ of prohibition against the Quezon City court ordering it to refrain perpetually from
proceeding with the testate proceedings and annulling and setting aside all its orders
and actions,
SC
Reversed CA.
1) The Judiciary Act concededly confers original jurisdiction upon all CFI over all
matters of probate, both of testate and intestate estates.
On the other hand, Rule 73, lays down the rule of venue THAT in order to prevent
conflict among the different courts which otherwise may properly assume; jurisdiction
from doing so, the court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other courts.
Residence of the deceased or the location of his estate is not an element of
jurisdiction over the subject matter but merely of venue.
Rule on venue does not state that the court with whom the estate or intestate petition
is first filed acquires exclusive jurisdiction.
The Rule precisely and deliberately provides that the court first taking cognizance of
the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion
of all other courts.
MEans that the court with whome the petition is first filed, must also first take
cognizance of the settlement, in order to exercise jurisdicition
Implicit in the Cebu courts order was that if the will was duly admitted to probate by
the Quezon City court, then it would definitely decline to take cognizance of Lourdes
intestate petition which would thereby be shown to be false and improper, and leave
the exercise of jurisdiction to the Quezon City court, to the exclusion of all other
courts.
In CAB, Cebu court could not be held to have acted without jurisdiction or with grave
abuse of jurisdiction in declining to take cognizance of the intestate petition and
deferring to the Quezon City court