Special Proceedings

Roberts vs. Leonidas

-no will shall pass either real or personal property unless it is proved or allowed in court.

Cuenco vs. CA
It should be noted that the Rule on venue does not state that the court with whom the estate
or intestate petition is first filed acquires exclusive jurisdiction.

The Rule precisely and deliberately provides that "the court first taking cognizance of the
settlement of the estateof a decedent, shall exercise jurisdiction to the exclusion of all other
courts."
A fair reading of the Rule since it deals with venue and comity between courts of equal
and co-ordinate jurisdiction indicates that the court with whom the petition is first filed,
must also first take cognizance of the settlement of the estate in order to exercise jurisdiction
over it to the exclusion of all other courts.

Trinidad v. CA
Settled is the rule that the Regional Trial Court acting as a probate court exercises but limited
jurisdiction, thus it has no power to take cognizance of and determine the issue of title to
property claimed by a third person adversely to the decedent, unless the claimant and all
other parties having legal interest in the property consent, expressly or impliedly, to the
submission of the question to the Probate Court for adjudgment, or the interests of third
persons are not thereby prejudiced.22

Valera vs. Inserto

"Settled is the rule that a Court of First Instance, acting as a probate
court, exercises but limited jurisdiction, and thus has no power to take
cognizance of and determine the issue of title to property claimed by a
third person adversely to the decedent, unless the claimant and all
other parties having legal interest in the property consent, expressly or
impliedly, to the submission of the question to the probate court for
adjudgment, or the interests of third persons are not thereby
prejudiced, the reason for the exception being that the question of
whether or not a particular matter should be resolved by the court in
the exercise of its general jurisdiction or of its limited jurisdiction as a
special court (e.g. probate, land registration, etc.), is in reality not a
jurisdictional but in essence of procedural one, involving a mode of
practice which may be waived. x x x

Santos vs. Roman Catholic

An order for a license to sell real estate in administration proceedings, ordinarily, is in the
nature of a judgment upon the issues involved and an appeal may be taken therefrom as in
the case of any other judgment

Bayagas vs. Bayagas

Silivio vs. CA
The separate action was improperly filed for it is the probate court that
has exclusive jurisdiction to make a just and legal distribution of the estate.
The probate court loses jurisdiction of an estate under administration only after the payment
of all the debts and the remaining estate delivered to the heirs entitled to receive the same.
The finality of the approval of the project of The probate court, in the exercise of its
jurisdiction to make distribution, has power to determine the proportion or parts to which
each distributed is entitled.

Uriarte vs. CFI