Practice question
A nonresident decedent leaves estate in two Philippine provinces. A competent court in ProvinceA properly first takes cognizance of settlement. A second petition in ProvinceB asks a second court to administer the same estate concurrently merely because assets are also there. Which is correct under Rule73 §1?
- The court first properly taking cognizance exercises settlement authority to the exclusion of the others under the Rule.
- Every province with an asset must always conduct a separate competing Philippine settlement.
- The heirs may privately split judicial authority without court action.
- The later court automatically displaces the first because its assets are more valuable.
- The first court loses all authority when a second petition is filed.
Legal references
- https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rule73 §§1–4.
- https://lawphil.net/judjuris/juri1976/nov1976/gr_40502_1976.html — Garcia Fule v CA, GRL40502/L42670, November29 1976, main decision.
- https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html — RA11576 current monetary and assessed-value jurisdiction, including ejectment exception.
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