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Republic vs. CA G.R.
No. 143483, January 31, 2002
In
the instant petition, the escheat judgment was handed down
by the lower court as early as 27
June 1989 but it was only on 28 January 1997, more or less
seven (7) years after, when private respondent decided to
contest the escheat judgment in the guise of a petition for
annulment of judgment before the Court of Appeals. Obviously,
private respondent's belated assertion of her right over the
escheated properties militates against recovery.
As held in Hamilton
v. Brown, "a judgment of escheat was held conclusive
upon persons notified by advertisement to all persons interested.
Absolute lack on the part of petitioners of any dishonest
intent to deprive the appellee of any right, or in any way
injure him, constitutes due process of law, proper notice
having been observed." With the lapse of the 5-year period
therefore, private respondent has irretrievably lost her right
to claim and the supposed" discovery of the deeds of
donation" is not enough justification to nullify the
escheat judgment which has long attained finality.
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Rules of Court
Rule 91 Escheats
Sec. 1. When and by whom petition filed. - When a person
dies intestate, seized of real or personal property in the Philippines,
leaving no heir or person by law entitled to the same, the Solicitor
General or his representative in behalf of the Republic of the Philippines,
may file a petition in the Court of First Instance of the province
where the deceased last resided or in which he had estate, if he
resided out of the Philippines, setting forth the facts, and praying
that the estate of the deceased be declared escheated.
Sec. 2. Order for hearing. - If the petition is sufficient
in form and substance, the court, by an order reciting the purpose
of the petition, shall fix a date and place for the hearing thereof,
which date shall be not more than six (6) months after the entry
of the order, and shall direct that a copy of the order be published
before the hearing at least once a week for six (6) successive weeks
in some newspaper of general circulation published in the province,
as the court shall deem best.
Sec. 3. Hearing and judgment. - Upon the satisfactory
proof in open court on the date fixed in the order that such order
has been published as directed and that the person died intestate,
seized of real or personal property in the Philippines, leaving
no heir or person entitled to the same, and no sufficient cause
being shown to the contrary, the court shall adjudge that the estate
of the deceased in the Philippines, after the payment of just debts
and charges, shall escheat; and shall, pursuant to law, assign the
personal estate to the municipality or city where he last resided
in the Philippines, and the real estate to the municipalities or
cities, respectively, in which the same is situated. If the deceased
never resided in the Philippines, the whole estate may be assigned to the respective
municipalities or cities where the same is located. Such estate
shall be for the benefit of public schools, and public charitable
institutions and centers in said municipalities or cities.
The court, at the instance of an
interested party, or on its own motion, may order the establishment
of a permanent trust, so that only the income from the property
shall be used.
Sec. 4. When and by whom claim to estate filed. - If
a devisee, legatee, heir, widow, widower or other person entitled
to such estate appears and files a claim thereto with the court
within five (5) years from the date of such judgment, such person
shall have possession of and title to the same, or if sold, the
municipality or city shall be accountable to him for the proceeds,
after deducting reasonable charges for the care of the estate; but
a claim not made within said time shall be forever barred.
Sec. 5. Other actions for escheat. - Until otherwise
provided by law, actions for reversion or escheat of properties
alienated in violation of the Constitution or of any statute shall
be governed by this rule, except that the action shall be instituted
in the province where the land lies in whole or in part.
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