Or person by law entitled to the same the

or person by law entitled to the same, the municipality
or city where the deceased last resided, if he resided
in the Philippines, or the municipality or city in which
he had estate if he resided out of the Philippines, may
file a petition in the court of first instance of the
province setting forth the facts, and praying that the
estate of the deceased be declared escheated."
Rule 91 of the Revised Rules of Court which provides
that only the Republic of the Philippines, through the
Solicitor General may commence escheat
proceedings, did not take effect until January 1,
1964.
The Court also noted that the CA should have
dismissed the appeal of Vicenta Tan and Ramon
Pizarro earlier because the records show that Vicenta
was never a party in the escheat proceedings, for she
never submitted herself to the Court's jurisdiction.
Every action must be prosecuted and defended in the
name of real party-in-interest. In this case, Ramon
Pizarro, the alleged administrator, was not a real
party-in-interest. Hence, he has no personality to
oppose the escheat petition. The testimonies and
evidences presented by Pizarro were found out to be
inconsistent. Courts are not barred from declaring an
absentee presumptively dead as an incident of, or in
an action or proceeding for the settlement of the
intestate estate of such absentee.