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?
- The first filing creates jurisdiction over every estate regardless of law.
- Venue under Rule73 and statutory subject-matter jurisdiction are distinct; priority cannot create a missing statutory grant.
- Party agreement always overrides probate thresholds.
- Actual residence is irrelevant because all filing preferences are binding.
- 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.
Answer this question in flashcards to review your response and continue practicing.