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    09 Manzanero v. CFI - Rule 73

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    Paolo Ervin Perez
    1. The petitioner filed a petition for certiorari questioning the jurisdiction of the Court of First Instance of Batangas in the summary settlement of her deceased husband's estate based on his residence. 2. Section 603 of the Code of Civil Procedure provides that the jurisdiction of a court over an estate settlement based on residence cannot be contested except on appeal or if lack of jurisdiction appears in the record. 3. Nothing in the record showed lack of jurisdiction for the CFI of Batangas, and documents submitted did not form part of the lower court record, so certiorari did not lie and appeal was the proper remedy instead.

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    09 Manzanero v. CFI - Rule 73

    Uploaded by

    Paolo Ervin Perez
    105 views2 pages
    1. The petitioner filed a petition for certiorari questioning the jurisdiction of the Court of First Instance of Batangas in the summary settlement of her deceased husband's estate based on his residence. 2. Section 603 of the Code of Civil Procedure provides that the jurisdiction of a court over an estate settlement based on residence cannot be contested except on appeal or if lack of jurisdiction appears in the record. 3. Nothing in the record showed lack of jurisdiction for the CFI of Batangas, and documents submitted did not form part of the lower court record, so certiorari did not lie and appeal was the proper remedy instead.

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    Case digest of Manzanero v. CFI

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    09 Manzanero v. CFI | Rule 73

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    1. The petitioner filed a petition for certiorari questioning the jurisdiction of the Court of First Instance of Batangas in the summary settlement of her deceased husband's estate based on his residence. 2. Section 603 of the Code of Civil Procedure provides that the jurisdiction of a court over an estate settlement based on residence cannot be contested except on appeal or if lack of jurisdiction appears in the record. 3. Nothing in the record showed lack of jurisdiction for the CFI of Batangas, and documents submitted did not form part of the lower court record, so certiorari did not lie and appeal was the proper remedy instead.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    105 views2 pages

    09 Manzanero v. CFI - Rule 73

    Uploaded by

    Paolo Ervin Perez
    1. The petitioner filed a petition for certiorari questioning the jurisdiction of the Court of First Instance of Batangas in the summary settlement of her deceased husband's estate based on his residence. 2. Section 603 of the Code of Civil Procedure provides that the jurisdiction of a court over an estate settlement based on residence cannot be contested except on appeal or if lack of jurisdiction appears in the record. 3. Nothing in the record showed lack of jurisdiction for the CFI of Batangas, and documents submitted did not form part of the lower court record, so certiorari did not lie and appeal was the proper remedy instead.

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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.

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