G.R. No. 27650, December 24, 1927
Intestate Estate of the Late Florencia Diez. SEGUNDO DIEZ, petitioner-appellee, vs. TOMAS SERRA for himself, and as guardian of the minors Mercedes, Trinidad, Jose, Marcelino, Adriano and Felix Serra, opponent-appellant.

FACTS

Segundo Diez filed a petition for letters of administration over the estate of his deceased sister, Florencia Diez, in the Court of First Instance (CFI) of Occidental Negros. He alleged that Florencia was a resident of Cadiz, Occidental Negros, at the time of her death. The court granted the petition and appointed him administrator. The administration proceeded for nearly three years. Subsequently, Tomas Serra (Florencia’s eldest son), for himself and as guardian of his six minor siblings, filed a special appearance contesting the court’s jurisdiction. He claimed that their mother was actually a resident of San Joaquin, Iloilo, at the time of her death, as shown by her death certificate. The CFI denied Tomas Serra’s petition, ruling that the challenge to jurisdiction was untimely. Tomas Serra appealed.

ISSUE

Whether the Court of First Instance of Occidental Negros correctly denied the challenge to its jurisdiction over the intestate proceedings, which was raised approximately three years after the appointment of the administrator.

RULING

Yes, the CFI’s denial is affirmed. The challenge to jurisdiction based on the alleged incorrect place of residence of the decedent was raised too late.

1. Jurisdiction at the Inception: Under Section 600 of the Code of Civil Procedure, the CFI of the province where the decedent resided at the time of death has jurisdiction to grant letters of administration. The petition filed by Segundo Diez specifically alleged residence in Cadiz, Occidental Negros. Based on these allegations, the CFI of Occidental Negros properly assumed jurisdiction.

2. Time to Contest Jurisdiction: Section 603 of the same Code provides that the court’s jurisdiction, so far as it depends on the place of residence, cannot be contested except in an appeal from the court’s order in the original case, or when the lack of jurisdiction appears on the record. In this case, no appeal was taken from the order appointing the administrator, and the alleged lack of jurisdiction (the true residence in Iloilo) did not appear on the record at the time of the appointment.

3. Estoppel by Laches: The administration had been functioning for about three years before the heirs challenged the jurisdiction. By allowing the proceedings to continue for such an extended period without objection, the appellants are now estopped from belatedly questioning the court’s authority. The proper remedy, if any, would have been a timely appeal or a petition for reopening of the proceedings in the lower court, not a collateral attack at this late stage.

The Supreme Court affirmed the CFI’s decision, holding that the jurisdictional challenge was untimely.