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General principles
Escheats
General Concept of Escheat
Rule 91 Escheat is a proceeding where the real and personal
property of a person deceased in the Philippines, who
General principles 1 dies without leaving any will and without any legal
heirs, becomes the property of the State [Municipal
Overview 2 Council of San Pedro v. Colegio de San Jose, G.R. No.
L45460 (1938)]
Section 1 — When and by whom petition filed 2
Section 2 — Order for hearing 3 Basis of escheats
It is an incident or attribute of sovereignty and rests
Section 3 — Hearing and judgment 3 on the principle of ultimate ownership by the state of
Section 4 — When and by whom claim to estate is all property within its jurisdiction [Rellosa v. Gaw Chee
filed 4 Hun, G.R. No. L-1411 (1953)]
Section 5 — Other actions for escheat 5 Bases under the Civil Code
Article 1011. In default of persons entitled to succeed
Unclaimed Balances Law 5
in accordance with the provisions of the preceding
Summary of principles 5
Sections, the State shall inherit the whole estate.
Codal provisions 7
(956a)
Article 1012. In order that the State may take
possession of the property mentioned in the
preceding article, the pertinent provisions of the Rules
of Court must be observed. (958a)
Nature of escheat proceedings
Escheat proceedings are actions in rem, whereby an
action is brought against the thing itself instead of the
person. Thus, an action may be instituted and carried
to judgment without personal service upon the
depositors or other claimants. Jurisdiction is secured
by the power of the court over the res. Consequently,
a judgment of escheat is conclusive upon persons
notified by advertisement, as publication is
considered a general and constructive notice to all
persons interested [RCBC v. Hi-Tri Development
Corp., G.R. No. 192413 (2012)]
How commenced
Escheat is not an ordinary civil action but a special
proceeding that should be commenced not by
complaint but by petition. [Municipal Council of San
Pedro v. Colegio de San Jose, G.R. No. L45460 (1938)]
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NOTES ON ESCHEAT PROCEEDINGS JUDGE ESTELA ALMA SINGCO
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NOTES ON ESCHEAT PROCEEDINGS JUDGE ESTELA ALMA SINGCO
What should be done to dormant accounts? Who shall inform the Solicitor General?
They should be deposited with the Treasurer of the It shall be the duty of the Treasurer of the Philippines
Philippines to the credit of the Government to be used to inform the Solicitor General from time to time the
as the legislature may direct. (Sec. 1) existence of unclaimed balances. (Sec. 1)
Who are covered by this law? Where shall the action be commenced?
1. Banks RTC of the province or city where the institution
2. Buildings and loan associations involved is located. (Sec. 3)
3. Trust corporations
Who shall be joined?
As defined under the General Banking Act, whether The institution and all such creditors or depositors.
organized under special charters or not. (Sec. 1) They may be included in one action. (Sec. 3)
What must these institutions do? What may interested persons do?
They are required within the month of January every Persons having or claiming any interest in the said
odd year to forward to the Treasurer of the unclaimed balances may appear in said action and
Philippines a statement of all credits and deposits become a party thereto. (Sec. 3)
held by them which are considered dormant.
How shall service be made?
The institution in question shall also place a copy of 1. By delivery of a copy of the complaint and
the statement in a conspicuous place in its premises summons to the president, cashier, or
for at least sixty days from the date of filing thereof. managing officer of each defendant bank,
Immediately before filing the above sworn statement, building and loan association or trust
the institution shall communicate with the person in corporation; and
whose favor the unclaimed balance stands at his last 2. By publication of a copy of such summons in a
known place of residence or post office address. (Sec. newspaper of general circulation (Sec. 3).
2)
What shall the court do if it determines that the
What must the statement include? balances are indeed unclaimed as defined?
(a) The names and last known place of residence The court shall render judgment in favor of the
or post office addresses of the persons in Government of the Republic of the Philippines,
whose favor such unclaimed balances stand; declaring that said unclaimed balances have
(b) The amount and the date of the outstanding escheated to the Government of the Republic of the
unclaimed balance and whether the same is in Philippines and commanding said bank, building and
money or in security, and if the latter, the loan association or trust corporation to forthwith
nature of the same; deposit the same with the Treasurer of the Philippines
(c) The date when the person in whose favor the to credit of the Government of the Republic of the
unclaimed balance stands died, if known, or Philippines to be used as the National Assembly may
the date when he made his last deposit or direct. (Sec. 3)
withdrawal; and
(d) The interest due on such unclaimed balance, if Penalty for negligence
any, and the amount thereof. (Sec. 2) If the president, cashier or managing officer of the
institution neglects or refuses to make and file the
What shall the Solicitor General do? sworn statement required by this action, such bank,
Upon being informed, the Solicitor General shall building and loan association, or trust corporation
commence an action or actions in the name of the shall pay to the Government the sum of five hundred
People of the Republic of the Philippines. (Sec. 3) pesos a month for each month or fraction thereof
during which such default shall continue. (Sec. 4)
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NOTES ON ESCHEAT PROCEEDINGS JUDGE ESTELA ALMA SINGCO
Liability of institution involved after making deposit dead, or who have not made further deposits
The institution shall not be liable to any person for the or withdrawals during the preceding ten years
same. (Sec. 5) or more, arranged in alphabetical order
according to the names of creditors and
Duty of Solicitor General after deposit depositors, and showing:
Any action which may be brought by any person
against the institution involved for unclaimed (a) The names and last known place of
balances so deposited with the Treasurer of the residence or post office addresses of the
Philippines shall be defended by the Solicitor General persons in whose favor such unclaimed
without cost to such bank, building and loan balances stand;
association or trust corporation. (Sec. 5)
(b) The amount and the date of the
outstanding unclaimed balance and
Codal provisions whether the same is in money or in
Sec. 1. "Unclaimed balances", within the security, and if the latter, the nature of the
meaning of this Act, shall include credits or same;
deposits of money, bullion, security or other
evidence of indebtedness of any kind, and (c) The date when the person in whose favor
interest thereon with banks, buildings and loan the unclaimed balance stands died, if
associations, and trust corporations, as known, or the date when he made his last
hereinafter defined, in favor of any person deposit or withdrawal; and
known to be dead or who has not made
further deposits or withdrawals during the (d) The interest due on such unclaimed
preceding ten years or more. Such unclaimed balance, if any, and the amount thereof.
balances, together with the increase and
proceeds thereof, shall be deposited with the A copy of the above sworn statement shall be
Treasurer of the Philippines to the credit of posted in a conspicuous place in the premises
the Government of the Republic of the of the bank, building and loan association, or
Philippines to be used as the National trust corporation concerned for at least sixty
Assembly may direct. cda days from the date of filing thereof: Provided,
That immediately before filing the above
"Banks", "building and loan associations" and sworn statement, the bank, building and loan
"trust corporations", within the meaning of association, and trust corporation shall
this Act, shall refer to institutions defined communicate with the person in whose favor
under Section two, thirty-nine and fifty-six, the unclaimed balance stands at his last
respectively, of Republic Act Numbered Three known place of residence or post office
Hundred Thirty Seven, otherwise known as address.
the General Banking Act, as amended,
whether organized under special charters or It shall be the duty of the Treasurer of the
not. Philippines to inform the Solicitor General
from time to time the existence of unclaimed
Sec. 2. Immediately after the taking effect of balances held by banks, building and loan
this Act and within the month of January of associations, and trust corporations.
every odd year, all banks, building and loan
associations, and trust corporations shall Sec. 3. Whenever the Solicitor General shall
forward to the Treasurer of the Philippines a be informed of such unclaimed balances, he
statement, under oath, of their respective shall commence an action or actions in the
managing officers, of all credits and deposits name of the People of the Republic of the
held by them in favor of persons known to be Philippines in the Court of First Instance of the
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NOTES ON ESCHEAT PROCEEDINGS JUDGE ESTELA ALMA SINGCO
province or city where the bank, building and publication, if there are several, of such
loan association or trust corporation is summons, and show cause, if they have any,
located, in which shall be joined as parties the why the unclaimed balances involved in said
bank, building and loan association or trust action should not be deposited with the
corporation and all such creditors or Treasurer of the Philippines as in this Act
depositors. All or any of such creditors or provided and notifying them that if they do not
depositors or banks, building and loan appear and show cause, the Government of
association or trust corporations may be the Republic of the Philippines will apply to the
included in one action. Service of process in court for the relief demanded in the complaint.
such action or actions shall be made by A copy of said notice shall be attached to, and
delivery of a copy of the complaint and published with the copy of, said summons
summons to the president, cashier, or required to be published as above, and at the
managing officer of each defendant bank, end of the copy of such notice so published,
building and loan association or trust there shall be a statement of the date of
corporation and by publication of a copy of publication, or first publication, if there are
such summons in a newspaper of general several, of said summons and notice. Any
circulation, either in English, in Filipino, or in a person interested may appear in said action
local dialect, published in the locality where and become a party thereto. Upon the
the bank, building and loan association or trust publication or the completion of the
corporation is situated, if there be any, and in publication, if there are several, of the
case there is none, in the City of Manila, at summons and notice, and the service of the
such time as the court may order. Upon the summons on the defendant banks, building
trial, the court must hear all parties who have and loan associations or trust corporations,
appeared therein, and if it be determined that the court shall have full and complete
such unclaimed balances in any defendant jurisdiction in the Republic of the Philippines
bank, building and loan association or trust over the said unclaimed balances and over the
corporation are unclaimed as hereinbefore persons having or claiming any interest in the
stated, then the court shall render judgment in said unclaimed balances, or any of them, and
favor of the Government of the Republic of shall have full and complete jurisdiction to
the Philippines, declaring that said unclaimed hear and determine the issues herein, and
balances have escheated to the Government render the appropriate judgment thereon.
of the Republic of the Philippines and
commanding said bank, building and loan Sec. 4. If the president, cashier or managing
association or trust corporation to forthwith officer of the bank, building and loan
deposit the same with the Treasurer of the association, or trust corporation neglects or
Philippines to credit of the Government of the refuses to make and file the sworn statement
Republic of the Philippines to be used as the required by this action, such bank, building and
National Assembly may direct. cd loan association, or trust corporation shall pay
to the Government the sum of five hundred
At the time of issuing summons in the action pesos a month for each month or fraction
above provided for, the clerk of court shall thereof during which such default shall
also issue a notice signed by him, giving the continue.
title and number of said action, and referring
to the complaint therein, and directed to all Sec. 5. Any bank, building and loan association
persons, other than those named as or trust corporation which shall make any
defendants therein, claiming any interest in deposit with the Treasurer of the Philippines
any unclaimed balance mentioned in said in conformity with the provisions of this Act
complaint, and requiring them to appear within shall not thereafter be liable to any person for
sixty days after the publication or first the same and any action which may be
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NOTES ON ESCHEAT PROCEEDINGS JUDGE ESTELA ALMA SINGCO
brought by any person against in any bank,
building and loan association, or trust
corporation for unclaimed balances so
deposited with the Treasurer of the
Philippines shall be defended by the Solicitor
General without cost to such bank, building
and loan association or trust corporation.
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