GR L 45506; (April, 1939) (Digest)
G.R. No. L-45506. April 27, 1939.
In the matter of the summary distribution of the estate of the deceased Esteban M. Manzanero, FORTUNATO MANZANERO, petitioner-appellant, vs. REMEDIOS BONGON, widow of the deceased Esteban M. Manzanero, oppositor-appellee.
FACTS
Upon the death of Esteban M. Manzanero, his brother Fortunato Manzanero filed a petition for summary distribution of the estate under Section 597 of the Code of Civil Procedure in the Court of First Instance of Batangas. He alleged the deceased was a resident of Sto. Tomas, Batangas, and that the only asset was a life insurance policy. The surviving relatives were the widow Remedios Bongon (residing in Tabaco, Albay) and the deceased’s siblings. Notice of the hearing was published in a Batangas weekly and mailed to the widow, but she received it only on the morning of the hearing in Batangas, making her appearance impossible. The court, acting on the petitioner’s evidence, issued orders directing payment of the petitioner’s claimed credit and distribution of the insurance proceeds among the siblings. The widow moved to set aside the orders, claiming she was the beneficiary. After her petition for certiorari was denied by the Supreme Court (for having an adequate remedy by appeal), she filed a motion in the trial court to annul all proceedings.
ISSUE
Whether the Court of First Instance of Batangas had jurisdiction over the summary settlement of the estate.
RULING
No. The trial court correctly annulled all proceedings. Jurisdiction for summary settlement of an estate under the Code of Civil Procedure requires the deceased to be an inhabitant of the province at the time of death. The death certificate, presented by the petitioner himself, showed the deceased’s legal residence was Tabaco, Albay. Therefore, the Court of First Instance of Batangas lacked jurisdiction. The orders issued were null and void. The proper venue was Albay. The court also correctly ordered the appellants to deposit the money they received, as the distribution was void. The rightful beneficiary of the insurance policy (whether the widow or the deceased’s mother) must be determined in the proper proceedings.
AI Generated by Armztrong.