GR L 2764; (December, 1905) (Digest)
G.R. No. L-2764
ENRIQUE SERRANO AND SEBASTIANA SIVILA, as executors of the will of Margarita Sivila, petitioners, vs. DIONISIO CHANCO, judge of the Court of First Instance of the Second Judicial District, and LEANDRO SERRANO, respondents.
December 16, 1905 | WILLARD, J.
FACTS:
The will of Margarita Sivila was probated in the Court of First Instance of Ilocos Norte. In the settlement proceedings, respondent Leandro Serrano filed a monetary claim against the estate, which was disallowed by the appointed commissioners. Serrano appealed this disallowance to the same Court of First Instance of Ilocos Norte, as mandated by the Code of Civil Procedure. In their answer to the appeal, the executors (petitioners) interposed a counterclaim seeking ownership and possession of certain lands located in Ilocos Sur, which were allegedly in Serrano’s possession. Serrano demurred, arguing lack of jurisdiction over the counterclaim. The trial court sustained the demurrer and, sua sponte, ordered the inhibition of the Ilocos Norte court and the transfer of the entire case (both the main claim and the counterclaim) to the Court of First Instance of Ilocos Sur. The executors then filed this action for certiorari and prohibition.
ISSUE:
Whether the parties, by consent or by a court’s own order, can confer jurisdiction over an appeal from commissioners in a probate proceeding to a Court of First Instance other than the one that originally took cognizance of the estate settlement.
RULING:
NO. The Court of First Instance that first takes cognizance of the settlement of a decedent’s estate retains exclusive jurisdiction over all matters related to its administration and settlement, to the exclusion of all other courts. This is mandated by Section 602 of the Code of Civil Procedure. The policy is to prevent confusion, delay, and the improper division of a single probate proceeding into multiple parts across different courts. Jurisdiction under this provision is conferred in the public interest for the efficient administration of justice and cannot be waived or conferred by the parties’ consent. Consequently, the Court of First Instance of Ilocos Sur has no jurisdiction to try the appealed claim. The Supreme Court granted the writ of prohibition, perpetually enjoining the Ilocos Sur court from trying or deciding the appeal, without prejudice to the executors pursuing their counterclaim regarding the lands in a separate, proper action before a competent court.