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SPECIAL PROCEEDINGS – RULE 90

Uriarte vs, Court of First Instance


33 SCRA 252
May 29, 1970

Facts of the Case:

Juan Uriarte y Goite died in Spain and he left reasonable properties in the
Philippines. Vicente Uriarte, who is claiming to be the son and sole heir of the
deceased, filed a petition for the intestate settlement of the estate of the deceased in
the Court of First Instance of Negros Occidental. However, said petition was opposed by
the nephews of Juan stating that there is a valid will left by the deceased in Spain, a
copy of which is being requested. Then, the nephews filed a settlement of the estate in
the court of Manila, on the basis of the alleged will of the deceased.

Vicente filed an opposition to the settlement of estate in the court of Manila


stating that the court of Negros Occidental has already acquired original jurisdiction over
the case. The opposition of Vicente was dismissed together with the intestate settlement
In the CFI of Negros.

Hence, Vicente filed a petition for certiorari questioning the dismissal of the
intestate settlement in the CFI of Negros.

Issue:

Whether or not the intestate settlement should be dismissed.

Ruling of the Case:

The Supreme Court held that the dismissal of the intestate proceeding is proper.
Under the Rules on the settlement of estate of the deceased person, testate
proceedings enjoy priority over intestate proceedings. Therefore, in case intestate
settlement was filed prior to the finding of the will of the deceased, then the intestate
proceedings shall be dismissed to give priority to the testate proceeding.

kpangod@yahoo.com 2/16/09