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.

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.