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