In the matter of the intestate estate of the late Kaw Singco (alias Co Chi Seng).

SY
OA vs. CO HO, 74 PHIL 239 (1943)

FACTS:
Sy Oa is the administratrix of the intestate estate of Kaw Singco. During the
intestate proceedings, an opposition is filed by one Co Ho. The latter claims that the
court had no jurisdiction over the subject matter because the proceedings were not
filed in the province where the deceased last resided. Subsequently, the SC issued a
resolution stating that there is no issue with respect to jurisdiction but there is
merely a question of venue.

ISSUE/S:
Whether the last place of residence of the deceased is an element of jurisdiction.

HELD:
NO. Section 600 of Act no. 190, providing that the estate of a deceased person shall
be settled in the province where he had last resided, could not have been intended
as defining the jurisdiction of the probate court over the subject matter because
such legal provision is contained in a law of procedure dealing merely with
procedural matters and as this court has said time and again, procedure is one thing
and jurisdiction over the subject matter is another. The law on jurisdiction confers
upon the CFI jurisdiction over all probate cases independently of the place of
residence of the deceased. Since, however, there are many CFIs in the Philippines,
the law of procedure fixes the venue or the place where each case shall be brought.
Thus, the place of residence of the deceased is not an element of jurisdiction over
the subject matter but merely of venue. And it is upon this ground that in the new
Rules of Court in the province where the estate of a deceased person shall be
settled is properly called venue.