GARCIA FULE V.

CA
FACTS:
- Amado Garcia died - left property in Calamba, Laguna.
- Virginia Garcia Fule (illeg sis) pet for letters of admin & ex parte appointment as special administratix in CFI Laguna
- Motion was granted.
- Preciosa Garcia (wife) and in behalf of their child opposed
> failure to satisfy jurisdictional requirement & improper venue (avers no domicile/residence of deceased as
required by Rule 79 Sec. 21) death certs presented by Fule show QC as deceaseds last residence
> Fule was a creditor of the estate, and as a mere illegitimate sister of the deceased is not entitled to succeed
from him2
- CFI denied opposition
- CA reversed and annulled the appointment of Fule
- Preciosa became special administratrix upon a bond of P30k.
ISSUES/HELD
a.) Venue v. Jurisdiction
JURISDICTION power/authority of court over subject matter
o Jurisdiction over all probate cases is w/ CFIs independently from the place of residence of the deceased
(Judiciary act 1948)
o Not changed by procedure
o There are cases though that if such power is not exercised conformably w/ procedure, court loses power to
exercise it legally. However, this doesnt amount to loss of jurisdiction over subject matter but only over the person
or that judgment may be rendered defective for lack of something essential to sustain it.
VENUE place where each case shall be brought
o Because there are many CFIs, ROC fixed the venue (of settlement of estates, probate of will & issuance of
letters of admin) place of residence of deceased / province
Death Certificate deceased resided in QC at the time of his death, therefore the venue of Laguna was
improper (death cert admissible to prove residence of deaceased at time of his death)
o Rule 73 Sec 13 - really a matter of venue
Clause so far.
Caption Settlement of estate of Deceased Person. Venue and Processes
Contained in a law of procedure merely a matter of method & convenience to parties
o Rule 4 Sec 4 - Venue is subject to waiver
but Preciosa did not waive it, merely requested for alternative remedy to assert her rights as surviving spouse
b.) What does the word resides in Rule 73 Sec 1 mean
Resides actual residence
- Requires bodily presence as an inhabitant in a given place
- In statutes fixing venue residence & domicile synonymous even when statue uses domicile, it is still
construed as residence & not domicile in its technical sense
- Elastic and should be interpreted in the light of the object or purpose of the statute or rule in which it is employed.
- Popular sense the personal, actual or physical habitation of a person, actual residence or place of abode
- No particular length of time required but must be more than temporary
legal residence or domicile requires bodily presence and an intention to make it ones domicile.
DISPOSITION: Fules petition DENIED.

Rule 79 Sec 2 - petition should show the existence of jurisdiction to make the appointment sought, and should allege all the necessary facts such as
death, name, last residence, existence, situs of assets, intestacy, right of person who seeks administration as next of kin, creditor or otherwise to be
appointed
2
NCC Art. 992. An illegitimate child has no right to inherit ab intestado from the legitimate children and relatives of his father or mother; nor shall such
children or relatives inherit in the same manner from the illegitimate child.
3

RULE 73 Sec.1. if the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien, his will shall be proved,
or letters of administration granted, and his estate settled at the CFI in the province in which he resides at the time of his death . And if he is an
inhabitant of a foreign country, the CFI of any province in which he had estate.
The court 1st taking cognizance of the settlement of the estate of a decedent shall exercise jurisdiction to the exclusion of all other courts.
The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be
contested in a suit or proceedings, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the record.