11.

SAN LUIS v SAN LUIS

FACTS: The instant case involves the settlement of the estate of Felicisimo San
Luis who was the former Gov. of Laguna. During his lifetime, he contracted 3 marriages.
1st with Virginia where they had 6 children; 2nd with Merry Lee, who eventually divorced
him, with whom he had a son; and 3 rd with respondent Felicidad with whom he begot no
child. Upon Felicisimo’s death, Felicidad sought the dissolution of their conjugal
partnerhip assets and the settlement of decedent’s estate. She also filed a petition for
letters of administration before RTC Makati wherein she alleged, among others, that she
is the widow of the deceased and that at the time of latter’s death he was residing at
Alabang, Muntinlupa. Petitioner Rodolfo, one of the 6 children of Felicisimo’s 1st
marriage, filed an MD on the ground of improper venue. He claimed that the petition for
letters of administration should have been filed in Laguna, Felicisimo’s residence prior
to his death. RTC denied the MD and MR; held that venue was properly laid. However,
after the case was re-raffled, the trial court dismissed the petition for letters of
administration and held that it should have been filed in Laguna. Upon appeal, the CA
reversed the trial court and ruled that the petition was properly filed in RTC Makati, the
latter having jurisdiction over the place of residence of the decease which is Alabang,
Muntinlupa.

ISSUE: W/N venue was properly laid.

RULING: YES. Under Section 1, Rule 73 of the Rules of Court, the petition for
letters of administration of the estate of Felicisimo should be filed in the Regional Trial
Court of the province "in which he resides at the time of his death." For purposes of
fixing venue under the Rules of Court, the "residence" of a person is his personal, actual
or physical habitation, or actual residence or place of abode, which may not necessarily
be his legal residence or domicile provided he resides therein with continuity and
consistency. In the instant case, while petitioners established that Felicisimo was
domiciled in Sta. Cruz, Laguna, respondent proved that he also maintained a residence
in Alabang, Muntinlupa from 1982 up to the time of his death. From the foregoing, we
find that Felicisimo was a resident of Alabang, Muntinlupa for purposes of fixing the
venue of the settlement of his estate. Consequently, the subject petition for letters of
administration was validly filed in the Regional Trial Court which has territorial
jurisdiction over Alabang, Muntinlupa. The subject petition was filed on December 17,
1993. At that time, Muntinlupa was still a municipality and the branches of the Regional
Trial Court of the National Capital Judicial Region which had territorial jurisdiction over
Muntinlupa were then seated in Makati City as per Supreme Court Administrative Order
No. 3. Thus, the subject petition was validly filed before the Regional Trial Court of
Makati City.