SUPREME COURT DECISIONS

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EN BANC

G.R. No. L-12830 July 31, 1959

Intestate Estate of the late Raymunda Soriano. PONCIANO S. REYES, petitioner-appellee, vs. SIMPLICIA REYES BERENGUER, oppositor-appellant.

Valeriano S. Silva for appellee.
Filemon Cajator for appellant.

BENGZON, J.: chanrobles virtual law library

In the Pampanga court of first instance in November 1956, Ponciano S. Reyes, petitioned for administrative of the estate ¹ left by his deceased mother, Raymunda Soriano, a resident of Arayat, Pampanga.chanroblesvirtualawlibrary chanrobles virtual law library

Opposing the petition, Simplicia Reyes Berenguer, moved for dismissal due to improper venue, since the deceased had become a resident of Quezon City at the time of her death.chanroblesvirtualawlibrary chanrobles virtual law library

The petitioner insisted that the deceased never abandoned her permanent in Arayat.chanroblesvirtualawlibrary chanrobles virtual law library

After hearing the parties, and considering evidence, the Court denied the motion to dismiss.chanroblesvirtualawlibrary chanrobles virtual law library

Whereupon, oppositor appealed to this Court.chanroblesvirtualawlibrary chanrobles virtual law library

The Rules do not allow this appeal. Sec. 1 of Rule 105, enumerates the instances wherein an appeal may be taken in special proceedings. This is not one of them.chanroblesvirtualawlibrary chanrobles virtual law library

Lest it be argued that this is a "final order or judgment", or a "final determination of the rights" of the person appealing, under subsection (e) and (f) of the above section, it may be explained that we have held in previous rulings that a decree denying a motion to dismiss on the ground of lack of jurisdiction - not venue only as in this case - is not appealable, because it is only interlocutory, and not a final order in the litigation. ² chanrobles virtual law library

Wherefore, this appeal is hereby dismissed, with costs against appellant.chanroblesvirtualawlibrary chanrobles virtual law library

Paras, C.J., Padilla, Montemayor, Bautista Angelo, Labrador, Concepcion, Endencia and Barrera, JJ., concur.

Endnotes:

¹ Worth more than P70,000.00.chanroblesvirtualawlibrary chanrobles virtual law library

² Hodges vs. Villanueva, 90 Phil., 255; Yu Goat vs. Hugo, 93 Phil., 613.