Jao Vs Court of Appeals G.R. No. 128314 May 29, 2002

Jao vs Court of Appeals
G.R. No. 128314

May 29, 2002
Facts:
Rodolfo and Perico Jao were the only sons of spouses Ignacio Jao Tayag and
Andrea V. Jao, who died intestate in 1988 and 1989, respectively.
Perico instituted a petition for issuance of letters of administration before the
Regional Trial Court of QUEZON CITY over the properties left by their parents
and pending appointment of a regular administrator, moved that he be
appointed as special administrator.
o He alleged that his brother, Rodolfo, was gradually dissipating the
assets of the estate.
Rodolfo moved for the dismissal of the petition on the ground of:
o Improper venue since the actual residence of their parents was in
ANGELES CITY, PAMPANGA and stayed only in Quezon City for medical
treatment.
o Also, in this petition, Rodolfos argument strains to differentiate
between the venue provisions found in Rule 4, Section 2, on ordinary
civil actions, and Rule 73, Section 1, which applies specifically to
settlement proceedings. He argues that while venue in the former
understandably refers to actual physical residence for the purpose of
serving summons, it is the permanent residence of the decedent which
is significant in Rule 73, Section 1. Petitioner insists that venue for the
settlement of estates can only refer to permanent residence or
domicile because it is the place where the records of the properties are
kept and where most of the decedents' properties are located.
Perico countered that their deceased parents actually resided in Rodolfo's
house in Quezon City at the time of their death and it was Rodolfo himself
who supplied the entry appearing on the death certificate of their mother.
The trial court denied the motion filed by Rodolfo.
Rodolfo filed a petition for certiorari with the Court of Appeals.
The Court of Appeals dismissed the petition for certiorari as well as the
motion for reconsideration thereof.
Hence, this petition for review.
Issues:
1. Whether or not the settlement proceedings would be done, in Pampanga,
where the decedents had their permanent residence, or in Quezon City, there
they actually stayed before their demise
2. Whether or not the term residence under Special Proceedings is the same as
that of an Ordinary Civil Action
Held:
1. QUEZON CITY. Clearly, the estate of an inhabitant of the Philippines shall be
settled or letters of administration granted in the proper court located in the
province where the decedent resides at the time of his death.
Rule 73, Section 1 of the Rules of Court states:

Where estate of deceased persons be settled. If the decedent is an
inhabitant of the Philippines at the time of his death, whether a citizen or an
alien, his will shall be proved, or letters of administration granted, and his
estate settled, in the Court of First Instance in the province in which he
resides at the time of his death, and if he is an inhabitant of a foreign
country, the Court of First Instance of any province in which he had estate.
The court first taking cognizance of the settlement of the estate of a
decedent shall exercise jurisdiction to the exclusion of all other courts. The
jurisdiction assumed by a court, so far as it depends on the place of residence
of the decedent, or of the location of 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.
In the case at bar, there is substantial proof that the decedents have
transferred to petitioner's Quezon City residence. Petitioner failed to
sufficiently refute respondent's assertion that their elderly parents stayed in
his house for some three to four years before they died in the late 1980s.
Furthermore, the decedents' respective death certificates state that they
were both residents of Quezon City at the time of their demise. Significantly,
it was petitioner himself who filled up his late mother's death certificate. To
our mind, this unqualifiedly shows that at that residence to be Quezon City.
Moreover, petitioner failed to contest the entry in Ignacio's death certificate,
accomplished a year earlier by respondent. The recitals in the death
certificates, which are admissible in evidence, were thus properly considered
and presumed to be correct by the court a quo. We agree with the appellate
court's observation that since the death certificates were accomplished even
before petitioner and respondent quarreled over their inheritance, they may
be relied upon to reflect the true situation at the time of their parents' death.
The death certificates thus prevailed as proofs of the decedents' residence at
the time of death, over the numerous documentary evidence presented by
petitioner. To be sure, the documents presented by petitioner pertained not to
residence at the time of death, as required by the Rules of Court, but to
permanent residence or domicile.
2. YES. IN ORDINARY CIVIL ACTIONS AND IN SPECIAL PROCEEDINGS, THE TERM

RESIDENCE HAS THE SAME MEANING. Petitioner is obviously splitting straws
when he differentiates between venue in ordinary civil actions and venue in
special proceedings. In Raymond v. Court of Appeals and Bejer v. Court of
Appeals, we ruled that venue for ordinary civil actions and that for special
proceedings have one and the same meaning.
As thus defined, "residence," in the context of venue provisions, means
nothing more than a person's actual residence or place of abode, provided he
resides therein with continuity and consistency. All told, the lower court and
the Court of Appeals correctly held that venue for the settlement of the
decedents' intestate estate was properly laid in the Quezon City court.

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Jao vs Court of Appeals

G.R. No. 128314

Rule 73, Section 1 of the Rules of Court states:

2. YES. IN ORDINARY CIVIL ACTIONS AND IN SPECIAL PROCEEDINGS, THE TERM

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