Case Summary (G.R. No. 95533)
Complaint for Escheat
On December 28, 1988, the Republic filed a complaint for escheat with the Regional Trial Court of Davao City against several banks. The complaint claimed that these banks submitted statements to the Treasurer of the Republic regarding deposits held on behalf of deceased depositors or those who had not conducted transactions for over ten years, as stipulated in Act No. 3936, amended by P.D. 679.
Initial Court Proceedings
On April 12, 1989, the trial court directed the petitioner to show cause for the complaint’s dismissal due to failure to sufficiently allege compliance with required conditions of the law. Subsequently, on April 27, 1989, the petitioner filed an amended complaint that detailed compliance with the specified conditions and sought for specific unclaimed amounts, totaling P97,263.38, to be escheated in favor of the Republic.
Publication Order Controversy
The trial court, on June 7, 1989, ordered the publication of the amended complaint, including a list of unclaimed balances. The estimated cost for the publication was around P50,000. On July 11, 1989, the petitioner requested to dispense with this publication, arguing that only summons and notice to other persons were mandated, leading to another order on August 1, 1989, where the trial court upheld its previous requirement for publication, stating that failure to comply would lead to case dismissal without prejudice.
Dismissal of the Case
Petitioner’s motion for reconsideration was denied, and the trial court ultimately dismissed the case on October 31, 1989, due to non-compliance with the publication order. Following the dismissal, the petitioner filed a petition for certiorari and mandamus with the Court of Appeals on January 10, 1990, alleging grave abuse of discretion.
Court of Appeals Decision
The Court of Appeals dismissed the petition, emphasizing the need for an ordinary appeal as the appropriate remedy, citing that an extraordinary remedy like certiorari is only available when no adequate remedy in ordinary law exists. It noted that the lower court’s dismissal constituted a final and appealable order.
Supreme Court's Ruling
The Supreme Court affirmed the decision of the Court of Appeals, ruling that the trial court's dismissal without prejudice was a final order. It clarified that an aggrieved party has fifteen days from receipt of such an order to appeal. The Supreme Court underscored that certiorari cannot substitute for a lost appeal and that any perceived errors in the trial court's procedure were correctable t
...continue readingCase Syllabus (G.R. No. 95533)
Case Background
- This case involves a complaint for escheat filed by the Republic of the Philippines against several banks on December 28, 1988, before the Regional Trial Court of Davao City.
- The complaint was based on Act No. 3936, as amended by P.D. 679, which pertains to unclaimed balances in banks.
- The plaintiff alleged that the banks failed to return deposits and credits belonging to depositors who were either deceased, uncontactable, or inactive (not making deposits or withdrawals) for ten years or more since December 31, 1970.
Initial Proceedings
- The complaint requested the court to declare the deposits as escheated to the Republic of the Philippines and for 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 a failure to state a cause of action, citing non-compliance with conditions in Section 2 of Act No. 3936.
Amendment of the Complaint
- On April 27, 1989, the petitioner sought to amend the complaint to allege compliance with the necessary conditions outlined in the law.
- The amended complaint specified the amount of P97,263.38 to be escheated and requested the court to publish a notice of unclaimed balances.
Court Orders on Publication
- The trial court issued an order on June 7, 1989, mandating the petitioner to publis