Law Summary
Obligations for Reporting Unclaimed Balances
- Within the month of January of every odd year, institutions must forward a sworn statement to the Treasurer of the Philippines detailing all unclaimed balances.
- The statement must be arranged alphabetically and include:
- The names and last known addresses of the owners of the unclaimed balances.
- Amounts, dates, and nature (money or securities) of the balances.
- Date of death or last transaction.
- Interest due, if any.
- Institutions must post a copy of this sworn statement visibly for at least sixty days.
- Prior to filing, institutions are required to notify the owners at their last known addresses.
- The Treasurer must inform the Solicitor General about these unclaimed balances.
Judicial Proceedings for Escheatment
- Upon being informed, the Solicitor General initiates actions in the Court of First Instance where the concerned institution is located.
- All parties involved (banks, associations, depositors, or creditors) may be joined in one case.
- Service of process involves personal delivery to institution officers and publication of summons in local newspapers or in Manila if none are available locally.
- The court hears the case and if balances are confirmed unclaimed, it issues a judgment declaring them escheated to the government.
- Institutions are ordered to deposit these balances with the Treasurer.
- Notices inviting claims from interested persons are published alongside the summons.
- Interested parties may intervene and the court exercises full jurisdiction over the matter and involved parties.
Penalties for Non-Compliance
- A monthly penalty of Php 500 is imposed on any institution neglecting or refusing to file the required sworn statement.
Protection and Defense of Financial Institutions
- Institutions that deposit unclaimed balances in accordance with the law are discharged from further liability regarding such funds.
- Any legal action related to these unclaimed balances against the institution must be defended by the Solicitor General at no cost to the institution.
Effective Date
- The provisions take effect immediately upon promulgation on April 2, 1975.