Philippine Bar review · Question

Practice question: Venue and Process (Rule 73)

Multiple Choice Hard

Practice question

Heirs argue that filing first in their preferred court cures both improper venue and any lack of statutory subject-matter jurisdiction. They cite Rule73's first-cognizance provision and say all geographic and court-level questions are identical. Which is correct?
  1. The first filing creates jurisdiction over every estate regardless of law.
  2. Venue under Rule73 and statutory subject-matter jurisdiction are distinct; priority cannot create a missing statutory grant.
  3. Party agreement always overrides probate thresholds.
  4. Actual residence is irrelevant because all filing preferences are binding.
  5. A venue rule abolishes the need for a competent court.

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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