G.R. No. 95533 - Republic vs. Court of Appeals

On December 28, 1988, the Republic of the Philippines filed a complaint for escheat against several banks in Davao City.
The complaint was based on Act No. 3936, as amended by P.D. 679, which required banks to report unclaimed deposits of deceased depositors or those who had not made transactions for ten years.
The Republic sought a judgment declaring that the unclaimed deposits be escheated to the government and ordered the banks to deposit these amounts with the Treasurer of the Philippines.

On April 12, 1989, the Regional Trial Court (RTC) ordered the Republic to show cause for the complaint's dismissal due to failure to state a cause of action.
The RTC noted the absence of allegations confirming the banks' compliance with two conditions of Act No. 3936.
On April 27, 1989, the Republic amended its complaint to include these allegations, seeking to escheat P97,263.38 in unclaimed deposits.

The RTC required the Republic to publish a notice of the amended complaint and the list of unclaimed balances, estimating the cost at P50,000.
On July 11, 1989, the Republic requested to dispense with the publication, arguing that only summons and notice to non-defendant parties were necessary under the law.
The RTC denied this request on August 1, 1989, stating that publication was essential for due process and that the Republic must bear the costs.

The RTC dismissed the case without prejudice on October 31, 1989, due to the Republic's failure to comply with the publication requirement.
The Republic received the dismissal order on November 15, 1989, and subsequently filed a petition for mandamus and certiorari with the Court of Appeals on January 10, 1990.

The Court of Appeals dismissed the petition, stating that the proper remedy was an ordinary appeal, as the dismissal order was final and appealable.
The court emphasized that certiorari is only available when there is no adequate remedy in the ordinary course of law.

The Republic appealed under Rule 45, raising issues regarding the RTC's alleged grave abuse of discretion, the adequacy of the remedy of appeal, and the legality of the RTC's orders.
The Supreme Court found the appeal without merit, affirming that the RTC's dismissal was a final order and that the Republic's remedy was to file an ordinary appeal.