CAYETANO V. LEONIDAS (REMEDIAL)

Under Rule 73, Section 1 of the Rules of Court, it is provided that:

Section 1. Where estate of deceased persons settled - If the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien, his will shall be proved or letters of administration granted, and his estate settled, in the RTC in the province in which he resided at the time of his death, and if he is an inhabitant of a foreign country, the RTC of any province in which he has estate. The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on record.

Therefore, the settlement of the estate of Adoracion Campos was correctly filed with the RTC of Manila where she had an estate since it was alleged and proved that Adoracion at the time of her death was a citizen and permanent resident of USA and not a usual resident of Cavite as alleged by petitioner.

Moreover, petitioner is now estopped from questioning the jurisdiction of the probate court in the petition for relief. It is a settled rule that a party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and after failing to obtain such relief, repudiate or question that same jurisdiction.