G.R. No. L-12830; July 31, 1959
Intestate Estate of the late Raymunda Soriano. Ponciano S. Reyes, petitioner-appellee, vs. Simplicia Reyes Berenguer, oppositor-appellant.

FACTS

In November 1956, Ponciano S. Reyes filed a petition in the Court of First Instance of Pampanga for the administration of the intestate estate of his deceased mother, Raymunda Soriano, who was alleged to be a resident of Arayat, Pampanga. The oppositor, Simplicia Reyes Berenguer, moved to dismiss the petition on the ground of improper venue, asserting that the deceased had become a resident of Quezon City at the time of her death. The petitioner insisted the deceased never abandoned her permanent residence in Arayat. After hearing the parties and considering the evidence, the court denied the motion to dismiss. The oppositor appealed the denial to the Supreme Court.

ISSUE

Whether the order denying the motion to dismiss the petition for administration on the ground of improper venue is appealable.

RULING

No, the order is not appealable. The Supreme Court dismissed the appeal. The Rules of Court (specifically Section 1 of Rule 105) enumerate the instances wherein an appeal may be taken in special proceedings, and an order denying a motion to dismiss on the ground of improper venue is not one of them. The Court explained that such an order is not a “final order or judgment” nor a “final determination of the rights” of the appealing party under the relevant subsections. Citing previous rulings, the Court held that a decree denying a motion to dismiss on the ground of lack of jurisdiction—and, by analogy, on the ground of improper venue—is interlocutory and not a final order. Therefore, the appeal was dismissed, with costs against the appellant.