G.R. No.

L-40502 November 29, 1976

VIRGINIA GARCIA FULE, an !"N"RA#LE $EVER" A. %ALVAR, &re'((n) *+)e, Co+r,
o- F(r', In',an.e o- La)+na, #ran./ V0, petitioners,
v'.
1!E !"N"RA#LE C"UR1 "F A&&EAL$, 2 &RECI"$A #. GARCIA an AGU$1INA #.
GARCIA, respondents.
G.R. No. L-42670 November 29, 1976
VIRGINIA GARCIA FULE, petitioner,
v'.
!"N"RA#LE ERNANI C. &A3", &re'((n) *+)e o- Co+r, o- F(r', In',an.e o- R(4a0,
5+e4on C(,6, #ran./ 7VIII, an &RECI"$A #. GARCIA, respondents.
FAC1$8
On May 2, 1973, Virginia G. Fule filed with the Court of First Instane of !aguna, at Cala"#a, $resided
o%er #y &udge 'e%ero (. Mal%ar, a $etition for letters of ad"inistration, do)eted as '$. *ro. +o. 27,C,
alleging, inter alia, -that on ($ril 2., 1973, ("ado G. Garia, a property owner of Calamba, Laguna, died
intestate in /ue0on City, lea%ing real estate and $ersonal $ro$erties in Cala"#a, !aguna, and in other
$laes, within the 1urisdition of the 2onora#le Court.- (t the sa"e ti"e, she "o%ed ex parte for her
a$$oint"ent as s$eial ad"inistratri3 o%er the estate. On e%en date, May 2, 1973, &udge Mal%ar granted
the "otion.
*reiosa, on the other hand sought to dis"iss the $etition of Virginia for the %enue was allegedly
i"$ro$erly for the ase was filed in Cala"#a, !aguna when, aording to her, the ase should #e filed at
/ue0on City 4the last address of ("ado #efore he died.5
I$$UE9$8
6O+ the %enue was i"$ro$erly laid7
!EL:8
+o. 8he 'u$re"e Court ruled as follows9
8he &udiiary (t of 19:;, as a"ended, onfers u$on Courts of First Instane 1urisdition o%er all $ro#ate
ases inde$endently of the $lae of residene of the deeased. <eause of the e3istene of nu"erous
Courts of First Instane in the ountry, the =ules of Court, howe%er, $ur$osedly fi3es the %enue or the
$lae where eah ase shall #e #rought. ( fortiori, the $lae of residene of the deeased in settle"ent of
estates, $ro#ate of will, and issuane of letters of ad"inistration does not onstitute an ele"ent of
1urisdition o%er the su#1et "atter. It is "erely onstituti%e of %enue. (nd it is u$on this reason that the
=e%ised =ules of Court $ro$erly onsiders the $ro%ine where the estate of a deeased $erson shall #e
settled as -%enue.-
8he a$$earane of this $ro%ision in the $roedural law at one raises a strong $resu"$tion that it has
nothing to do with the 1urisdition of the ourt o%er the su#1et "atter. In $lain words, it is 1ust a "atter of
"ethod, of on%eniene to the $arties.