Vicenta Tan vs City of Davao

G.R. No. L-44347 – 248 Phil. 304 – Remedial Law – Special Proceedings – Rule 91; Escheat – Escheat Court; Jurisdiction – Presumptive death may be declared in an escheat proceeding

In 1923, Dominga Garcia left for China. She brought her three children with her. Garcia remained in China until her death in 1955. She left a titled property in Davao City. None of her children returned to claim her property. Nevertheless, the property has been managed by Ramon Pizarro who is not related to Garcia.

In 1962, the City of Davao petitioned to have Garcia’s estate be escheated in its favor. Pizarro, as alleged attorney-in-fact of Vicenta Tan, one of the children of Garcia, opposed the petition. He claimed that there was a time when he met with Vicenta and the latter told him to take care of her property because she will be returning soon to claim the property.

The court denied Pizarro’s opposition. The court declared Garcia and her children presumptively dead and escheated her property in favor of Davao City. The Court of Appeals affirmed the trial court.

ISSUE: Whether or not an escheat court may validly declare the presumptive death of a person even though the Rules provide for another remedy for such action.

HELD: Yes. The Court of Appeals did not err in affirming the trial court’s ruling that Dominga Garcia and her heirs may be presumed dead in the escheat proceedings as they are, in effect, proceedings to settle her estate. Indeed, while a petition instituted for the sole purpose of securing a judicial declaration that a person is presumptively dead cannot be entertained if that were the only question or matter involved in the case, the courts are not barred from declaring an absentee presumptively dead as an incident of, or in connection with, an action or proceeding for the settlement of the intestate estate of such absentee (or in this case, an escheat proceeding).

NOTE: In the old Rules of Court, a city or municipality may commence escheat proceedings.

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