G.R. No. L-10033 – 36 Phil. 815 – Civil Law – Succession – Escheat
Remedial Law – Special Proceedings – Rule 91; Escheat – No escheat if decedent testate
The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that the original owner of said properties, a certain Ana Sarmiento, has died intestate sometime in 1668 with no heirs to succeed. The Archbishop contends that the church has rightfully and legally succeeded to the possession and administration of said property that it had been managing for more than 200 years.
ISSUE: Whether or not the said properties should be escheated.
HELD: No. It was shown that Ana Sarmiento did not die intestate. Evidence presented has shown a genuine will and codicils. It was further shown that the heir named therein, her nephew, has religiously complied with the terms of said will. Therefore, the properties cannot be escheated in favor of the government.
