Venue for intestate/estate administration and settlement; probate; Rule 73; residence vs. domicile.

EDGAR SAN LUIS VS. FELICIDAD SAN LUIS, G.R. No. 133743, FEBrUARY 6, 2007.

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Under Section 1,[39] 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. In the case of Garcia Fule v. Court of Appeals,[40] we laid down the doctrinal rule for determining the residence as contradistinguished from domicile of the decedent for purposes of fixing the venue of the settlement of his estate:

[T]he term resides connotes ex vi termini actual residence as distinguished from legal residence or domicile. This term resides, like the terms residing and residence, is elastic and should be interpreted in the light of the object or purpose of the statute or rule in which it is employed. In the application of venue statutes and rules Section 1, Rule 73 of the Revised Rules of Court is of such nature residence rather than domicile is the significant factor. Even where the statute uses the word domicile still it is construed as meaning residence and not domicile in the technical sense. Some cases make a distinction between the terms residence and domicile but as generally used in statutes fixing venue, the terms are synonymous, and convey the same meaning as the term inhabitant. In other words, resides should be viewed or understood in its popular sense, meaning, the personal, actual or physical habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay thereat. In this popular sense, the term means merely residence, that is, personal residence, not legal residence or domicile. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it ones domicile. No particular length of time of residence is required though; however, the residence must be more than temporary.[41] (Emphasis supplied)

It is incorrect for petitioners to argue that residence, for purposes of fixing the venue of the settlement of the estate of Felicisimo, is synonymous with domicile. The rulings in Nuval and Romualdez are inapplicable to the instant case because they involve election cases. Needless to say, there is a distinction between residence for purposes of election laws and residence for purposes of fixing the venue of actions. In election cases, residence and domicile are treated as synonymous terms, that is, the fixed permanent residence to which when absent, one has the intention of returning.[42] However, 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.[43] Hence, it is possible that a person may have his residence in one place and domicile in another.

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. Respondent submitted in evidence the Deed of Absolute Sale[44] dated January 5, 1983 showing that the deceased purchased the aforesaid property. She also presented billing statements[45] from the Philippine Heart Center and Chinese General Hospital for the period August to December 1992 indicating the address of Felicisimo at 100 San Juanico, Ayala Alabang, Muntinlupa. Respondent also presented proof of membership of the deceased in the Ayala Alabang Village Association[46]and Ayala Country Club, Inc.,[47] letter-envelopes[48] from 1988 to 1990 sent by the deceaseds children to him at his Alabang address, and the deceaseds calling cards[49] stating that his home/city address is at 100 San Juanico, Ayala Alabang Village, Muntinlupa while his office/provincial address is in Provincial Capitol, Sta. Cruz, Laguna.

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[50] 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.[51] Thus, the subject petition was validly filed before the Regional Trial Court of Makati City.

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