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SPECPRO - Meeting 5 - Rule 91 - Adoption, 92-97 - Covers incompetents, as…

- - - - Adoption and Custody of Minors - The Rule on Adoption expressly repealed Rule 99 and 100 EXCEPT Secs. 6 and 7 of Rule 99
        
        Rule 99.6 Proceedings as to the child whose parents are separated. Appeal
        
        Applies When husband and wife are divorced or living separately and apart from each other; and
        
        Either by legal separation or living separately de facto (Regalado)
        
        The question as to the care, custody and control of a child or children of their marriage is brought before the RTC by petition or as an incident to any other proceeding.
        
        Rule 99.7 Proceedings as to vagrant or abused child. - When the parents of any minor child are dead, or by reason of long absence or legal or physical disability have abandoned it, or cannot support it through vagrancy, negligence, or misconduct, or neglect or refuse to support it, or treat it with excessive harshness or give it corrupting orders, counsels, or examples, or cause or allow it to engage in begging, or to commit offenses against the law.
        
        Procedure - The RTC:
        
        upon petition filed by some reputable resident of the province setting forth the facts
        
        May issue an order requiring such parents to show cause,
        
        or, if the parents are dead or cannot be found, requiring the fiscal of the province to show cause, at a time and place fixed in the order, why the child should not be taken from its parents, if living;
        
        If upon the hearing it appears that the allegations of the petition are true,
        
        and that it is order taking it from its parents,
        
        if living; and committing it to any suitable orphan asylum, children's home, or benevolent society or person
        
        to be ultimately placed, by adoption or otherwise, in a home found for it by such asylum, children's home, society, or person.
        
        DOMESTIC ADMINISTRATIVE ADOPTION AND ALTERNATIVE CHILD CARE ACT (RA No. 11642) - Adoption is now an administrative proceeding, no longer judicial.
        
        Governing Body - National Authority for Child Care (NACC) - shall have original and exclusive jurisdiction over all matters pertaining to alternative child care, including declaring a child legally available for adoption, domestic administrative adoption, adult adoption, foster care and inter-country adoption.
        
        Issuance of Certificate Declaring a Child Legally Available for Adoption - Issued by the NACC, to be received by the Regional Alternative Child Care Office (RACCO)
        
        When Necessary - in case of voluntarily or involuntarily committed children (abandoned, neglected and foundlings)
        
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        Who May be Adopted -
        
        Any child who has been issued a CDCLAA
        
        Children of Spouses
        
        The legitimate child of one spouse by the other spouse
        
        An illegal child by a qualified adopter to improve status of legitimacy
        
        A Filipino of legal age if, prior to the adoption, said person has been consistent considered and treated by the adopters as their own child for a period of at least 3 years
        
        A foster child
        
        A child whose adoption has been previously rescinded
        
        A child whose biological or adoptive parents have died
        
        Provided, no proceedings shall be initiated within 6 months from the time of death of the parents
        
        A relative of the adopter
        
        Who may Adopt -
        
        Filipino Citizens who are:
        
        who is in possession of full civil capacity and legal rights;
        
        has not been convicted of any crime involving moral turpitude;
        
        is of good moral character and can model the same
        
        Is emotional and psychologically capable of caring for children
        
        At least 16 years older than the adoptee → may be waived when the adopter is the biological parent or the spouse
        
        Is in a position to support and care for adopted children
        
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        Effects of Adoption (Sec. 41) -
        
        Legitimate Filiation -
        
        Adoptee shall be considered the legitimate child of the adopter for all intents and purposes
        
        Legitimate filiation between the adopter and adoptee shall be extended to the adopter’s parents, adopter’s legitimate siblings, and legitimate descendants.
        
        Rename - adopter is also given the right to choose the name by which the child is to be known, consistent with the best interest of the child.
        
        Parental Authority (Sec. 42) - Adoptive parents shall now have full parental authority over the child upon issuance of the order of adoption.
        
        Joint parental authority shall be exercised by the spouses if joint adoption or, spouse adopts child of the other.
        
        Severance of Legal Ties -
        
        GR - all legal ties between the biological parents and the adoptee shall be severed and the same shall then be vested on the adopters.
        
        XCPN - in cases where the biological parent is the spouse of the adopter
        
        Succession - In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations.
        
        Jurisdiction - The original and exclusive jurisdiction of cases involving the custody of minors fall under the Family Courts under the Family Courts Act of 1997
        
        By Whom Filed - May be filed by any person
        
        Or the issue may be resolved as an incident in another proceeding
        
        Flow of Proceedings - The court will hear the testimony as may be pertinent It shall award the care, custody and control of each such child as will be for its best interest
        
        Right to Choose by Child -
        
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        Custody of the Child in petitions for declaration of absolute nullity of void marriage or annulment of marriage or legal separation
        
        Verified Petition - Must first be filed
        
        Upon receipt of a verified petition and at any time during the proceeding, the court motu proprio or upon application under oath of any of the parties, guardian or designated custodian, may issue provisional orders and protection orders with or without a hearing
        
        Enforcement - These orders may be enforced immediately, with or without a bond, and for such period and under such terms and conditions as the court may deem necessary
        
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        Q. What do you mean by alternative care?
        
        DC - Procedure for appointment of substitute parents before adoption
        
        Q. What is the initiating step for adoption?
        
        DC - CDCLAA may not be usually needed. Instead, just file a petition for adoption.
        
        Whats the Purpose of CDCLAA?
        
        DC - To make sure the child is legally available for adoption. Really for the protection of the child.
      - Definition of a Trust - confidence reposed in one person called the trustee for the benefit of another called the cestui que trust, with respect to property held by the former for the benefit of the latter.
        
        The right to the beneficial enjoyment of property while the legal title to it is vested in another.
        
        a fiduciary relationship that obliges the trustee to deal with the property for the benefit of the beneficiary.
        
        Parties Involved in a Trust -
        
        Trustor - the one who reposes the confidence
        
        Trustee - the one in whom the confidence is reposed
        
        Beneficiary - the one who stands to benefit
        
        Forms of Trust -
        
        Express trust - Created by the direct and positive acts of the parties, by some writing, will or deed or by the words evidencing an intention to create a trust
        
        Implied trust - Deducible from the nature of the transaction as a matter of intent or which are super induced on the transaction by operation of law as a matter of equity, independent of their intention
        
        Imposed by law. (Implied Trusts) (1447-1457)
        
        Scope of Rule 98 - Applies to Express, not implied trusts.
        
        Sec. 1 Where trustee appointed - When a trustee is necessary to carry into effect the provisions of a will OR written instrument.
        
        Venue for Filing -
        
        RTC in which the will is allowed
        
        OR RTC of the province in which the property affected by the trust is situated.
        
        It may also be filed in the settlement proceedings of a decedent’s estate if the decedent willed that certain properties should be placed into trust.
        
        Distinguished from Executor or Administrator - Both hold offices of trust. However, an E/A’s duties are fixed or limited by law whereas those of the trustee is governed by the intention of the trustor or the parties, if established by contract
        
        Trustees and Property - A trustee does not acquire ownership of the assets entrusted to him but merely manages it for the benefit of the beneficiary
        
        the trustee is bound to comply with the directions contained in the trust instrument defining the extent and limits of his authority, and the nature of his power and duties.
        
        Acquisition of property - A trustee cannot buy property held in trust by him, even in a public or judicial auction.
        
        Ratio: It is a well-settled rule that a trustee shall not be allowed to take advantage for himself of trust property under the pretense of serving the beneficiary
        
        Prescription of Action for Conveyance -
        
        GR - An action to compel a trustee to convey property registered in his name in trust for the benefit of another does not prescribe.
        
        Ratio: The trustee’s possession is adverse, and therefore it cannot ripen into a title by prescription
        
        XCPN - requisites for prescription of adverse possession are complied with:
        
        (1) The trustee has performed acts of unequivocal acts of repudiation amounting to the ouster of the cestui que trust (beneficiary)
        
        (2) The positive acts of repudiation have been known to the beneficiary/cestui que trust
        
        (3) The evidence on this facts is clear and conclusive
        
        Section 2. Appointment and powers of trustees under will. Executor of former trustee need not administer trust. - This refers to a situation where there is no trustee named in the will but, an appointment is necessary to make the provisions of the will effective.
        
        Authority of the RTC - The CFI may appoint a trustee who shall have the same rights, powers, and duties, and in whom the estate shall vest, as if he had been appointed by the testator.
        
        After notice to all persons interested
        
        Executor of former trustee need not administer trust - No person succeeding to a trust as executor or administrator of a former trustee shall be required to accept such trust.
        
        Section 3. Appointment and powers of new trustee under written instrument - This refers to instances where:
        
        a trustee under a written instrument declines, resigns, dies or removed before the objects of the trust are accomplished, and:
        
        no adequate provision is made in such instrument for supplying the vacancy,
        
        What does the CFI do? - The CFI may appoint a new trustee to act alone or jointly with the others, as the case may be.
        
        After notice to all persons interested
        
        Rights and powers of new trustee - Such new trustee shall have and exercise the same powers, right, and duties as if he had been originally appointed
        
        Section 4. Proceedings where trustee appointed abroad. - property and beneficiaries are in the PH, but trustee’s authority comes from foreign country
        
        Remedy of Foreign Trustee - Such trustee shall, on petition, be ordered to apply to the court for appointment.
        
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        Section 5-6 Bond Requirement -
        
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        1. Q. Is Judicial Confirmation necessary for express trusts?
        
        DC - No if there is acceptance. Rule 98 deals with instances where an appointed trustee is unavailable.
        
        DC - Appointment of a trustee outside the limited jurisdiction of the probate court. Thus, there must be separate petition for trusteeship where will does not provide or, unavailable.
        2. Why E/A prohibited from Trustee?
        
        DC - Conflict of interest. Because Beneficiary may not be an heir. Whereas administrator represents interest of the interested parties, such as debtors and heirs.
        
        Why not just appoint a new trustee in case of Sec. 3?
        
        DC - Because contemplates a situation where there is no adequate provision filling the vacancy?
    - - Basis of Guardianship - Parens patriae. When minors are involved, the State acts as parents.
        
        Parens patriae: State’s duty of protecting the rights of persons or individuals because of age or incapability, and are thus in an unfavorable position as compared to other parties.
        
        Purpose and Nature of Guardianship - A guardian is appointed to safeguard the rights and interests of minors and incompetent persons such that courts shall be vigilant to see that the rights of such persons are properly protected.
        
        Designed to further the ward’s well-being, not that of the guardian
        
        Intended to preserve the ward’s property and to render any assistance that the ward may personally require
      - Rule 92 Venue (92.1) - Incapable of pecuniary estimation. Thus, RTC.
        
        RULE 93 Appointment of Guardians -
        
        RULE 94 Bonds of Guardians
        
        RULE 95 Selling and Encumbering Property of Ward
        
        RULE 96 General Powers and Duties of Guardians
        
        RULE 97 Termination of Guardianship
        
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        General Powers and Duties 96.1 - A guardian appointed shall shall have any of the following:
        
        Care and custody of person of his ward and management of his estate, or
        
        Management of estate only
        
        Management of property within Philippines (in case of non-resident ward)
        
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        Petition of guardian for leave to sell or encumber estate 95.1 - Following Conditions must be met so that guardian may sell property of the ward:
        
        Insufficient - The income of the estate of the minor or incompetent under guardianship is insufficient to maintain the ward and his family, or
        
        Education - income is insufficient to maintain and educate the ward when a minor; or
        
        Benefit - it appears that it is for the benefit of the ward that his real estate or some part thereof be sold or mortgaged or otherwise encumbered, and the proceeds thereof put out at interest or invested in some productive security, or in the improvement or security of other real estate of the ward
        
        Requirement of Authorization - To enable the guardian to sell or encumber the estate of the ward, a petition must first be filed before the court for such sale or encumbrance
        
        Otherwise, the guardian has no authority to sell the estate of the ward without such order.
        
        For De leon, sale is voidable. But, in the absence of any special authority to sell conferred by will, statute or order of court, a sale of the ward's realty by the guardian without authority from the court is void
        
        Show Cause Order 95.2 - If it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted..
        
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        Conditions for Bond (94.1) - Before a guardian appointed enters upon the execution of his trust, or letters of guardianship issue, he shall give a bond, in such sum as the court directs, conditioned as follows:
        
        (a) INVENTORY - To make and return to the court, within three (3) months, a true and complete inventory of all the estate, real and personal, of his ward which shall come to his possession or knowledge of any other person for him;
        
        (b) EXECUTE DUTIES - To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules for the best interests of the ward, and to provide for the proper care, custody, and education of the ward;
        
        (c) ACCOUNTING - To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by these rules and such other times as the courts directs, and at the expiration of his trust to settle his accounts with the court and deliver and pay over all the estate, effects, and moneys remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto;
        
        (d) PERFORM OTHER ORDERS - To perform all orders of the court by him to be performed.
        
        Where Bond Filed (94.3) - Every bond given by a guardian shall be filed in the office of the clerk of the court.
        
        Breach of Bond - In case of the breach of a condition thereof, may be prosecuted in the same proceeding or in a separate action for the use and benefit of the ward or of any other person legally interested in the estate.
        
        Issuance of New Bond Sec. 2 - Whenever it is deemed necessary, the court may require a new bond to be given by the guardian, and may discharge the sureties on the old bond from further liability, after due notice to interested persons, when no injury can result therefrom to those interested in the estate.
        
        New bond may be required when the guardian is about to receive funds not in contemplation when the original bond was executed. Ex. Sale of real property of the ward
        
        Where the bond given is insufficient, it is not only the right but the duty of the court to require additional security
        
        Purpose of Bond - protection of the property of the minor to the end that the minor may be assured of an honest administration of his funds during his minority
        
        serves as security to those interested in the property settlement of the estate
        
        parties interested acquire a vested interest in the bond which cannot be divested without their consent, except in the manner prescribed by law
        
        When Deemed Effective - guardian's bond takes effect as of the day of its date and of his appointment, notwithstanding the bond may have been filed later
        
        Duration of Liability - continuing one against the obligors and their estates until all of its conditions are fulfilled
        
        the mere fact that the guardian has been removed does not relieve him nor her bondsmen from liability to the ward during the time that she was duly acting as guardian
        
        Sureties of a Guardian - sureties of a guardian against whom judgment has been entered, may demand the benefit of a levy (exclusion) of the principal's property, even when judgment is rendered against both surety and principal
        
        Objects of Guardianship Appointment -
        
        Determine whether the person is indeed incompetent who has no capacity to care for himself and/or properties
        
        Determine who is most qualified to be appointed as guardian.
        
        Summary of Procedure for Appointment of Guardians -
        
        Filing of petition for appointment [Sec.1]
        
        Court will then issue an order setting the time for hearing [Sec. 3]
        
        Sending of reasonable notice to the incompetent and persons mentioned in the petition [Sec. 3.]
        
        Publication NOT required if incompetent is a resident of the PH
        
        Notice by publication MAY be required if incomptent is non-resident of the PH
        
        Filing of the written opposition [Sec.4]
        
        Conduct of the hearing where the alleged incompetent must be present if able to attend [Sec. 5]
        
        If court decides that person is incompetent, it would appoint a suitable guardian of his person, estate or both.
        
        Final orders and judgments shall be served upon the Civil Register where the incompetent resides or where his property is situated [Sec. 8]
        
        Parents as Guardians (93.7) - Now revised by Art. 225 of the FC, which provides that
        
        Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.
        
        A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.
        
        The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.
        
        The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply.
        
        GR: Ordinary rules on guardianship are suppletory to the special summary proceeding under the FC.
        
        EXC: The ordinary rules on guardianship shall apply in the following instances:
        
        (1) When the child is under substitute parental authority
        
        (2) Guardian is a stranger
        
        (3) Parent has remarried
        
        Where Ward is a Resident (93.1) - The person who files differs depending if the ward is a minor or an incompetent.
        
        Rationale - The Rules assume that these people are those who could best help the RTC settle such issues given that they are those who are closest or most familiar with the supposed minor or incompetent.
        
        Contents of Petition 93.2 -
        
        Notice of Hearing for Petition 93.3 - Served on:
        
        the persons mentioned (persons taking care of incompetent in the petition residing in the province AND 2. the minor if above 14 years or the incompetent himself
        
        Service of notice to the minor above 14 or incompetent is jurisdictional.
        
        Without such notice, the court acquires no jurisdiction to appoint a guardian.
        
        Filing of Opposition 93.4 - Any interested person may, by filing a written opposition, contest the petition
        
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        Publication Not Required - Unlike in other types of special proceedings, publication is NOT required in a petition for appointment of guardians.
        
        A notice of hearing of the petition served on persons mentioned in the petition
        
        Bautista reviewer: This is the biggest difference between settlement of estate and guardianship. Hence, guardianship is NOT an in rem proceeding
        
        For Incompetent -
        
        Jurisdictional Facts - Incompetence and residence.
        
        Names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care
        
        Probative value and character of his estate
        
        Name of person for whom letters of guardianship are prayed for
        
        For Minor -
        
        Name, age, and residence of ward
        
        Ground rendering the appointment necessary or convenient
        
        Death of the parents of the minor, or the termination, deprivation or suspension of their parental authority
        
        Remarriage of the minor’s surviving parent
        
        Names, ages, and residences of relatives within the 4th civil degree of the minor and of persons having him in their care and custody
        
        probative value, character, and location of the property of the minor
        
        Name, age and residence of the person for whom letters are prayed for.
        
        Minor -
        
        Relative
        
        Other person on behalf of the minor
        
        Minor himself if 14 years old and above
        
        DSWD and DOH Secretary in case of an insane minor who needs to be hospitalized
        
        Anyone interested in the estate
        
        Incompetent -
        
        Relative living in the same province
        
        Friend
        
        Other person on behalf of the incompetent who has no parent or lawful guardian
        
        Director of Health in favor of insane person who should be hospitalized or for insane leper
        
        Anyone interested in the estate
        
        Where Filed - RTCs have jurisdiction over guardianship under the ROC.
        
        When ward is resident: RTC in the province where the ward resides
        
        When ward resides in a foreign country: RTC in the province where the property is situated
        
        Transfer of Venue (92.3) - The court with jurisdiction may transfer the proceeding to the court of another province in the following instances:
        
        When the ward acquired property in another province or municipality
        
        When the ward transferred his bona fide residence
        
        Effect of Transfer - Upon the transfer, the latter court shall have full jurisdiction to continue the proceedings, without the payment of additional court fees.
        
        Definition of Incompetent 92.2 - includes the following:
        
        Persons suffering under the penalty of civil interdiction
        
        Hospitalized lepers
        
        Prodigals
        
        Deaf and dumb who are unable to read and write
        
        Those of unsound mind, even though they have lucid intervals
        
        Persons not being of unsound mind, but by reason of age, disease, weak mind or other similar causes, cannot, without outside aid, take care of themselves and manage their properties, becoming thereby an easy prey for deceit and exploitation.
        
        Determination of Incompetency - A finding that a person is incompetent should be anchored on clear, positive and definite evidence.
      - Kinds of Guardians -
        
        Legal guardians - Those which by provision of law are guardians without the need of judicial appointment, such as parents of minor children.
        
        Parents subject to 50k rule.
        
        Guardian ad litem - competent person appointed by the court for pruposes of a particular action or proceeding involving a minor or incompetent.
        
        Temporary guardian.
        
        Judicial guardian - A person appointed by the court for the person, property, or both of the ward to represent the latter in all acts and litigations.
        
        Can refer to guardians over persons, property, or both.
        
        But there can be different guardians for persons and property.
        
        Kinds of Guardians as to Powers -
        
        General guardian: over person of the ward and property
        
        Limited guardian: over the property of the ward only
        
        Factors to be Considered in Selection of Guardians -
        
        Financial situation
        
        Physical condition
        
        Sound judgment, prudence and trustworthiness
        
        Morals, character and doncut
        
        Present and past history
        6 Probability of his being able to exercise the powers and duties of guardian for the full period during which guardianship will be necessary
  - - - Purpose - To forestall an open invitation to self service by first-comers.
    - - Rule 91.1-4 - Person died intestate with no heirs
        
        When and by Whom Filed (91.1) Requisites for Filing of Petition - Jurisdictional Facts for Escheat
        
        A person died intestate
        
        Includes persons who died testate, but will was not admitted to probate.
        
        The person left no heirs or persons entitled by law to the same
        
        The person left properties.
        
        Notice of Hearing (91.2) - If the petition is sufficient in form and substance, the court, via an order, reciting the purpose of the petition must:
        
        Shall fix a date and place for the hearing thereof,
        
        Shall be not more than six (6) months after the entry of the order
        
        shall direct that a copy of the order be published before the hearing at least once a week for six (6) successive weeks, in some newspaper of general circulation published in the province, as the court may deem best.
        
        Importance of Publication - A jurisdictional requisite. Non-compliance affects the validity of the proceedings
        
        Hearing and Judgment (91.3) - The following must be proven:
        
        Order has been published as directed
        
        The person died intestate with real or personal property in the Philippines, leaving no heirs or person or person entitled to them
        
        Burden of Proof - Rests on the state to prove that the property is liable to escheat State must recover on the strength of its own title and not on the weakness of other claimants.
        
        Escheats and forfeitures are not favored by law
        
        How Distributed - These are distributed for the benefit of public schools and public charitable institutions in and centers
        
        Payment of Just Debts and Charges - Must be done first prior to other distribution.
        
        Resident Deceased -
        
        Personal property: Municipality or city where he last resided in PH
        
        Real property: Municipality or cities in which the property is situated
        
        Non-Resident - Municipalities or cities where there properties are located
        
        Waiver of Right to Escheat - May be waived expressly or impliedly
        
        Ex. - When right to escheat existed long prior to registration proceedings instituted by the Roman Catholic Archbishop of Manila, and the right was not asserted → Deemed waived (Roman Catholic Archbishop of Manila v. Monte de Piedad - not in case list)
        
        Effect of Judgment - In the case of Hamilton v. Brown, a judgment of escheat was held conclusive upon persons notified by advertisement to all persons interested.
        
        Heirs who Assert Claims (91.4) - Any person entitled to such estate must file a claim within 5 YEARS FROM THE DATE OF JUDGMENT
        
        Otherwise, deemed barred.
        
        Rationale - So that claimants would be punctilious or won’t be negligent in asserting their claims.
        
        Can’t disguise it in a petition for annulment of escheat filed after the lapse of 8 years
        
        Where Filed -
        
        Resident: RTC of the province where the deceased last resided
        
        Non-resident: RTC of province in which he had estate
        
        By Whom Filed - Escheat proceeding must be initiated by the SolGen or his representative
        
        By Whom Opposed - Any person alleged to have a direct right or interest in the property.
        
        Interested Parties - A person alleging to have a direct right or interest in the property sought to be escheated
        
        How Opposed -
        
        Opposite the petition for escheat through motion to dismiss,
        
        MTD for failure to state a cause of action or other similar grounds
        
        File a claim thereto in accordance with Section 4 of this Rule.
        
        Notification Requirement - All interested parties such as the occupant and adjacent lot owner shall be personally notified and given opportunity to present their claims
        
        Prohibited Conversion - Escheat proceedings cannot be converted into settlement of estate proceedings.
        
        Estate - Publication for 3 weeks
        
        Escheat - 6 weeks
        
        Jurisdiction is acquired by virtue of publication, therefore there must be proper publication.
        
        Declaration of Presumptive Death - Court in escheat proceedings has jurisdiction to do this (Vicente Tan v. City of Davao) NCC 390
      - Rule 91.5 - Petition for reversion of property alienated in violation of the Constitution or statute.
        
        Distinguished from Escheat - Same in terms of effect. However, different only in terms of procedure (and legal basis, and circumstances giving rise to them).
        
        Escheat - Instituted as a consequence of Sec. 7, Art. XII of the Constitution. Covers violation of constitutional provision prohibiting transfers of private agricultural lands to aliens
        
        Action for Reversion - Those expressly authorized under the Public Land Act and other laws.
        
        Procedure -
        
        Venue: RTC of province where the land lies in whole or in part
        
        Who files: Solicitor General
        
        Real party in interest is the PH. Because violation of alien ownership is against the State, not against any individual
        
        Prescription: Action for reversion does not prescribe.
        
        Reversion to Previous Owner - In the event that the transferee is adjudged to be not a Filipino citizen, the affected property reverts to the State, not to the previous owner or any other individual [Catalina Mabanag v. Register of Deeds]
        
        The doctrine of in pari delicto barred the sellers from recovering title to the property
        
        When Filed -
        
        GR - The OSG may initiate an action for reversion of lands which were sold to aliens in violation of the Constitution. [Republic v. Registry of Deeds Roxas City]
        
        XCPN: If the subject land is already in the hands of a Filipino, such that the lands were passed on by sale or succession from the alien to a Filipino, this circumstance already militates and bar the escheat proceedings.
        
        By Whom Filed - only the Government (through the OSG) has the personality to file a case challenging the capacity of a person to acquire or to own land based on non-citizenship
        
        Can only be exercised while in the hands of an alien. Otherwise, right to challenge ceases.
      - Act No. 3936 - Unclaimed balances in banks or other institutions. This covers dormant accounts
        
        Unclaimed Balances - include credits or deposits of money, bullion, security or other evidence of indebtedness of any kind, and interest thereon with banks, buildings and loan associations, and trust corporations, as hereinafter defined, in favor of any person known to be dead or who has not made further deposits or withdrawals during the preceding ten years or more.
        
        Treatment of Unclaimed Balances - Such unclaimed balances, together with the increase and proceeds thereof, shall be deposited with the Treasurer of the Philippines to the credit of the Government of the Republic of the Philippines to be used as the National Assembly may direct.
        
        Purpose of Escheat Proceedings - For the state to compel the surrender of unclaimed deposit balances when there is substantial ground or a belief that they have been abandoned, forgotten or without an owner
        
        Not a proceeding to penalize depositors for failing to deposit to or withdraw from their accounts
        
        Nature of Proceedings - the State inquires into the status, custody, and ownership of the unclaimed balance to determine whether the inactivity was brought about by the fact of death or absence of or abandonment by the depositor.
        
        If the proceedings remains without a lawful owner interested to claim it → property will be reverted to the State
        
        If interested parties have come forward and claim the balance → the courts shall determine whether the balance should pass to the claimant or be forfeited in favor of the State.
        
        Procedure -
        
        SWORN STATEMENT BY BANKS - As provided by the Act, all bank and other financial institutions shall forward to the Treasurer of the Philippines a statement, under oath, of their respective managing officers, of all credits and deposits held by them in favor of persons known to be dead, or who have not made further deposits or withdrawals during the preceding ten years or more.
        
        This is done annually every January.
        
        NOTICE BEFORE FILING OF SWORN STATEMENT - Immediately before filing the above sworn statement, the bank, building and loan association, and trust corporation shall communicate with the person in whose favor the unclaimed balance stands at his last known place of residence or post office address.
        
        FILING OF SWORN STATEMENT - The sworn statement would then be filed.
        
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