2001 Bar: Josefa filed in the Municipal Circuit Trial Court (MCTC) of Alicia and Mabini, a petition for the probate of the will of her husband, Martin, who died in the Municipality of Alicia, the residence of the spouses. The probate value of the estate which consisted mainly of a house and lot was placed at P95,000.00 and in the petition for the allowance of the will, attorney‘s fees in the amount of P10,000, litigation expenses in the amount of P5,000.00 and costs were included. Pedro, the next kin of Martin, filed an opposition to the probate of the will on the ground that the total amount included in the relief of the petition is more than P100,000.00, the maximum jurisdictional amount for municipal circuit trial courts. The court overruled the opposition and proceeded to hear the case.
Was the municipal trial court correct in its ruling? Why? (5%)
Yes, the Municipal Circuit Trial Court (MCTC) was correct in its ruling. It has exclusive jurisdiction in all matters of probate, both testate and intestate, where the value of the estate does not exceed P100,000.00 (
Note that this value has changed.). The value in this case of P95,000.00 is within its jurisdiction. In determining the jurisdictional amount, excluded are attorney‘s fees, litigation expenses and costs; these are considered only for determining the filing fees (Sec. 33, BP 129, as amended).
