Case title : City of Manila v. Archbishop of Manila, 36 Phil.

815

Name: Jel Arnett A. Evangelista

Doctrine: WHEN MAY PROPERTY BE DECLARED ESCHEATED. — Under the

provisions of section 750 of Act No. 190 property may be declared escheated when a
person dies intestate, seized of real or personal property, leaving no heir or person by
law entitled to the same. In the present case the deceased disposed of her property by a
will and left heirs entitled to inherit the same. The will clearly, definitely and unequivocally
designated what disposition should be made of the property in question. The property in
question is still being administered in accordance with the terms of the will for the benefit
of the real beneficiary as was intended by the original owner.

Ruling:

Section 750 of Act No. 190 provides when property may be declared escheated. It
provides, "when a person dies intestate, seized of real or personal property . . . leaving
no heir or person by law entitled to the same," that then and in that case such property,
under the procedure provided for by sections 751 and 752, may be declared escheated.
The proof shows that Ana Sarmiento did not die intestate. She left a will.

The will provides for the administration of said property by her nephew as well as for the
subsequent administration of the same. She did not die without an heir nor without
persons entitled to administer her estate. It further shows that she did not die without
leaving a person by law entitled to inherit her property. In view of these facts, therefore,
the property in question cannot be declared escheated as of the property of Ana
Sarmiento. If by any chance the property may be declared escheated, it must be based
upon the fact that persons subsequent to Ana Sarmiento died intestate without leaving
an heir or person by law entitled to the same.

The will, clearly, definitely and unequivocally defines and designates what disposition
shall be made of the property in question. The heir mentioned in said will evidently
accepted its terms and permitted the property to be administered in accordance therewith.
And, so far as the record shows, it is still being administered in accordance with the terms
of said will for the benefit of the real beneficiary as was intended by the original owner.