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.
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- Fall '18
- Inheritance, Davao City, Cagayan de Oro City, Mindanao