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09 Manzanero v. CFI (1935) said deceased supposedly owed Fortunato.

Judge
Rule 73 | JURISDICTION David also required the Filipinas Assurance
J. VILLA-REAL Company to pay to the heirs of the deceased the
proceeds of his insurance policy.
4. Having been informed that the proceeds of the
Facts policy had been distributed among the heirs of her
deceased husband, the petitioner, filed a motion
1. The petitioner in this case is Bongon, wife of praying for the return and delivery to her of the
deceased Esteban Manzanero, and the respondent money.
is the Court of First Instance of Batangas which 5. In this Petition for Certiorari, petitioner questioned
heard and decided the summary settlement the jurisdiction of respondent court by reason of the
proceedings of the estate of the deceased. residence of her husband.
2. When Manzanero died, his brother, Fortunato, filed
with the respondent court a sworn application Issue
stating that the deceased left no property except a WON the question of jurisdiction of a court to take
life insurance policy worth P5,000 with Filipinas Life cognizance of a summary settlement of the estate of a
Assurance Co., that he was owed P50 by his deceased person, by reason of residence, may be
deceased brother, and that the deceased was raised by means of the extraordinary remedy of
survived by a widow (Bongon). Fortunato also certiorari.
prayed for the summary settlement of his brother’s - No
estate. Held
3. Vacation Judge David was holding judicial sessions
in Lucena, Tayabas at that time so he ordered the The question of jurisdiction of a court to take
clerk of court of Tayabas to take the evidence in the cognizance of a summary settlement of the estate of a
case. The case was set for hearing without the deceased person, by reason of residence, may NOT
petitioner having appeared to oppose the be raised by means of the extraordinary remedy of
application, and on the same day, Judge David certiorari.
issued an order stating, among other things, that
the evidence presented disclosed that the Section 603 of the Code of Civil Procedure provides:
deceased was a resident of Santo Tomas, "SEC. 603. Jurisdiction, when may be contested . —
Batangas, with temporary residence in Tabaco, The jurisdiction assumed by a Court of First Instance,
Albay, where he was assistant district engineer, for the settlement of an estate, so far as it depends on
and directing the summary distribution of the sum the place of residence of a person, or of the location of
of P5,000, after payment of the sum of P500 which
his estate, shall not be contested in a suit or
proceeding, except in an appeal from that court, in
the original case, or when the want of jurisdiction
appears on the record."

According to the above cited legal provision, the


jurisdiction assumed by a Court of First Instance for the
settlement of an estate, so far as it depends on the
place of residence of a person, or of the location case,
cannot be contested except on appeal from the same
court or when the want of jurisdiction appears on the
record.

Nothing in the records of the case shows want of


jurisdiction on the part of the CFI of Batangas.The
communication of the municipal treasurer of Tabaco,
Albay, stating that the deceased Esteban M.
Manzanero appears in the list of registered voters, and
the affidavit of the municipal president thereof stating
that the deceased resided before his death in Tabaco,
Albay, do not form part of the record of the lower court.

It not appearing from the orders of the lower court, as


disclosed by the copies thereof attached to the record
of these certiorari proceedings, that said court lacks
jurisdiction to take cognizance of the application for
summary settlement by reason of the legal residence
of the deceased, certiorari does not lie, an appeal being
specifically provided in such case by section 603 of the
Code of Civil Procedure.