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Garcia Fule vs. Court of Appeals

VIRGINIA GARCIA FULE and HONORABLE SEVERO A. MALVAR, Presiding Judge, Court of First Instance of Laguna, Branch VI, petitioners, vs. THE HONORABLE COURT OF APPEALS * , PRECIOSA B. GARCIA and AGUSTINA B. GARCIA, respondents.

G.R. No. L-40502 & 42670 | 1976-11-29

FIRST DIVISION

D E C I S I O N 

MARTIN, J: 

These two interrelated cases bring to Us the question of what the word "resides" in Section 1, Rule 73 of the Revised Rules of Court, referring to the situs of the settlement of the estate of deceased persons, means. Additionally, the rule in the appointment of a special administrator is sought to be reviewed. 

On May 2, 1973, Virginia G. Fule filed with the Court of First Instance of Laguna, at Calamba, presided over by Judge Severo A. Malvar, a petition for letters of administration, docketed as Sp. Proc. No. 27-C, alleging, inter alia, "that on April 26, 1973, Amado G. Garcia, a...