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Emphasis supplied.
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annulled and the name case will have to be commenced a new before
another court of the same rank in another province. That this is of
mischievous effect in the prompt administration of justice is too
obvious to require comment. (Cf. Tanunchuan vs. Dy Buncio & Co.,
G.R. No. 48206, December 31, 1942) Furthermore, section 600 of
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Act No. 190, providing that the estate of a deceased person shall
be settled in the province where he had last resided, could not have
been intended as defining the jurisdiction of the probate court over
the subject-matter, because such legal provision is contained in a
law of procedure dealing merely with procedural matters, and, as
we have said time and again, procedure is one thing and
jurisdiction over the subject matter is another. (Attorney-General
vs. Manila Railroad Company, 20 Phil. 523.) The law of jurisdiction
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Act No. 136, Section 56, No. 5confers upon Courts of First
Instance jurisdiction over all probate cases independently of the
place of residence of the deceased. Since, however, there are many
courts of First Instance in the Philippines, the Law of Procedure,
Act No. 190, section 600, fixes the venue or the place where each
case shall be brought. Thus, the place of residence of the deceased is
not an element of jurisdiction over the subjectmatter but merely of
venue. And it is upon this ground that in the new Rules of Court the
province where the estate of a deceased person shall be settled is
properly called venue
of Court.
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See People vs. Gutierrez, 36 SCRA 172 (Nov. 26, 1970) and Article
X, sec. 5, par. 4 providing that the Supreme Court shall have the power
to order a change of venue or place of trial to avoid a miscarriage of
justice.
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