2/16/22, 12:20 AM Cuenco vs.

CA ~ Scire Licet

Cuenco vs. CA
 on 7:00 AM  in Case Digests, Remedial Law   0

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 petitioner-widow 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.
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2/16/22, 12:20 AM Cuenco vs. CA ~ Scire Licet

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.

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