THE Supreme Court ruled that a Regional Trial Court (RTC) has jurisdiction over wills that have already been validated in foreign courts.
THE Supreme Court ruled that a Regional Trial Court has jurisdiction over wills that have already been validated in foreign courts.Supreme Court's Second Division Associate Justice Jhosep Lopez ruled that Cebu City RTC Branch 17 should act on a petition to determine the validity of a deceased American's will that had already been probated in a court in Hawaii.
The MTCC dismissed the petition, saying reprobate cases fall under the jurisdiction of the RTC as dictated by Rule 77, Section 1 of the Philippine Rules of Court.Allison refiled the petition before the Cebu City RTC. It, however, dismissed the case, arguing that Republic Act 11576, which amended Batas Pambansa 129 or the Judiciary Reorganization Act, now assigned probate matters involving estates worth P2,000,000 or less to first-level courts, such as the MTCC.
Rules On Wills Validated Abroad
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