Facts:

• On December 28, 1988, the Republic of the Philippines, through the Office of the Solicitor General, filed a complaint for escheat against several banks, including the Philippine Commercial and International Bank (PCIB), in the Regional Trial Court of Davao City.
• The complaint was based on Act No. 3936, as amended by P.D. 679, concerning unclaimed balances.
• The petitioner alleged that the banks reported deposits for depositors who were either deceased or had not transacted for ten years or more since December 31, 1970.
• The petitioner sought a judgment to declare these unclaimed deposits escheated to the Republic and requested the banks to deposit the amounts with the Treasurer of the Philippines.
• On April 12, 1989, the trial court ordered the petitioner to show cause for the complaint's dismissal due to insufficient allegations regarding compliance with two conditions in Section 2 of Act No. 3936.
• The petitioner filed an amended complaint on April 27, 1989, which the trial court found sufficient, leading to an order for publication of a notice in a local newspaper.
• On July 11, 1989, the petitioner requested to waive the publication of the list of unclaimed balances, arguing that only summons and notice to other persons needed publication.
• The trial court denied this request on August 1, 1989, citing the necessity of publication for due process.
• The petitioner's motion for reconsideration was denied, and on October 31, 1989, the trial court dismissed the case without prejudice due to the petitioner's failure to agree to publication costs.
• The petitioner received the dismissal order on November 15, 1989, and filed a petition for certiorari and mandamus with the Court of Appeals on January 10, 1990, alleging grave abuse of discretion by the trial court.
• The Court of Appeals dismissed the petition, stating that an ordinary appeal was the proper remedy.
• The petitioner then appealed to the Supreme Court under Rule 45, raising several issues regarding the trial court's orders and the Court of Appeals' decision.

Issue:

• (Unlock)

Ruling:

• The Supreme Court denied the petition and affirmed the decision of the Court of Appeals dated August 14, 1990.
• The Court held that the trial court's order dismissing the complaint was a final order, and the prop...(Unlock)

Ratio:

• The Supreme Court reasoned that the trial court's dismissal of the case without prejudice constituted a final order, as it completely disposed of the case while allowing for the possibility of refiling.
• An order dismissing...continue reading