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Thomas Fallon and Anne Fallon Murphy, siblings, Americans, and residents of California, USA, both died in 1936. They have properties in Magallon, Isabela and La Castellana, Negros Occidental. In 1957, the two municipalities petitioned for the properties of the Fallon siblings to be escheated in their favor. The petition was admitted and the order for hearing was published.
Ignatius Bezore and several others filed an opposition claiming that they are heirs of the Fallon siblings. They even presented evidence that Anne left a will which was admitted to probate in 1937.
The trial court then dismissed the escheat proceedings but also denied Bezore’s prayer to distribute the estate.
ISSUE: Whether or not the trial court is correct in refusing to distribute the estate.
HELD: Yes. These proceedings were instituted as escheat proceedings and not for the settlement of the estate of deceased persons. The court acquired jurisdiction to hear the petition for escheat by virtue of the publication of the petition for escheat. The jurisdiction acquired cannot be converted into one for the distribution of the properties of the said decedents. For such proceedings (for the distribution of the estate of the decedents) to be instituted, the proper parties must be presented and the proceedings should comply with the requirements of the Rule.
NOTE: In the old Rules of Court, a city or municipality may commence escheat proceedings
