SPECIAL PROCEEDINGS SAN BEDA MEMO G.R. No. L-1259, April 27, 1949) but may award the same to the heits in pro indiviso shares. If they cannot agree on their respective specific participations, they can thereafter resort to an action for partition (ROC, RULE 69). Effect of a final decree of distribution A final decree of distribution of the estate of a deceased person vests the title to the land of the, estate to the distributees (Vda, de Kilayko v. Tengco, G.R. No. 45425, March 27, 1992) When is title vested From the finality of the order of distribution. Final decree of distribution is appealable If the decree is erroneous, it should be corrected by ‘an opportune appeal, for once it becomes final, its binding effect is like any other judgment in rem, tniess property set aside for lack of jurisdiction or fraud. Where the court has validly issued a decree Of distribution and the same has become final: ihe validity or invalidity of the project of parttfofi becomes irelevant (Vda, do Kilayko v. Tengéo, GR. No. 45425, March 27, 1992). i" Probate proceedings not terminated by finality of” the approval of the project of partition The finality of the approval of the project of pattitien! by itself alone does not terminate the probate proceedings. As long as the order of the distribution Of the estate has not been complied with, the probate proceedings “cannot 'be “deemed dosed terminated because a judicial parition isnot final and Conclusive ard dovs net prevent th ier (Og: bringing an action to obtain his share, provided prescriptive period therefor has not elapsed\(Lee v.~ Court of Appeals, G.R. No. L-37135, December 28. 1973). Closure When is Order of Closure Issued The probate court loses jurisdiction of an estate under administration only after the payment of all the debts and the remaining estate delivered to the heirs entitled to receive the same. The finality of the order of distribution or of the approval of the project of partition does not yet terminate the proceedings (Guilas vs. Judge, CFI of Pampanga, G.R. No. L- 26695, January 31, 1972). Order of closure appealable The order of closure may be appealed since it is @ final order which affects the substantial rights of the person appealing. The appeal shall be taken within 15 days by filing a notice of appeal. A record on appeal is not required since it does not involve @ multiple or separate appeals as there is nothing more left to be done by the probate court (2 RIGUERA, supra at 108) 510 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS RY AID Zoe RULE 91 ESCHEATS Filing of Peti (Sec. 1) Issuance of Order for hearing (Sec. 2) Publication of Order (Sec. 2) Hearing and Judgment (Sec. 3) Payment of just debts and charges (Sec. 3) Tifthe cour finds that the escheat is proper, it ‘shall issue an Order assigning the personal estate to the municipality or city where the 5, deceased last resided in the Philippines, and | the real estate to the municipality or city in which the same is situated (Sec. 3) ——_______________ Filing of claim of a devisee, legatee, heir, widow, widower, or other person entitled to the estate within 5 years from the date of judgment. A claim not filed within the said period is forever barred (See. 4) SECTION 1. WHEN AND BY WHOM PETITION FILED Escheat is the falling of a decedent's estate into the general property of the State on his death intestate ‘without lawful heirs, and is applied indifferently to all his rights to property of whatever nature (FESTIN, supra at 137). Escheat is the proceeding, unlike that of succession for assignment, whereby the state, by virtue of sovereignty, sieps in and claims the real and personal property of a person who dies intestateSPECIAL PROCEEDINGS SAN BEDA MEMORY Alp 2018 leaving no heir (Republic v. CA and Solano, G.R. No. 143483, January 31, 2002). Principle behind Escheat Proceedings Escheat proceedings rest on the principle of ultimate ownership by the state of all property within its jurisdiction (Rellosa v. Gaw Chee Hun, G.R. No. L- 1411, September 29, 1953). Nature of Escheat Proceedings Escheat is not an ordinary civil action but a special proceeding that should be commenced not by complaint but by petition (Municipal Council of San Pedro, Laguna v. Colegio de San Jose, Inc., G.R. No. L-45460, February 25, 1938). Itis a substantial right of the state and is not a claim based on charity, gratuity or unearned benefit (34- HERRERA, supra at 226, citing Link's Estate, 319 Pa, 513, 516, 180A. 1, 2(1935). Basis of the State's right to receive property:in Escheat Order of succession under the Civil Code, the state Js the last heir of the decedent (CIVIL CODE, Art 1011) Three instances of Escheats | 1. "When a person dies intestate legvinginé heir but leaving property in the Philippines (ROC, Rule 91, See. 1) 2, Reversion Proceedings ~ Propétty algae’ in violation of the Constitution or the tal This shall be governed by Rule 91 aera stated by Sec. 5 thereof. However, the action must be instituted in the province where the land lies in whole or in part. (citation) SL Note: Reversion will not be allowed even if the original buyer was an alien, if later on the title to the property was transferred’ by succession to the buyer's heirs who are qualified parties, i.e. Philippine citizens (Republic v. Registry of Deeds of Roxas City, G.R. No. 158230, July 16, 2008). 3. Unclaimed Balances Act (Act No. 3936, as amended by P.D. No. 679) ~Dormant accounts for 10 years shall be escheated (Act No. 3936, Sec. 1) Escheat under the Act No. 3936 must be filed in the RTC of the place where the dormant deposits are found (Act No. 3936, Sec. 3). When escheat is proper When a person dies intestate, seized of real or personal property in the Philippines, leaving no heir oF person by law entitled to the same, the Solicitor General or his representative in behalf of the Republic of the Phil 7 we facts, and praying that the estate of the deceased be declared eschealed (ROC, RULE 91, Sec. 1). Requisites for filing of petition: 1.” That a person died intestate; 2. That he left no heirs or persons by law entitled to the same; and 3. The deceased left properties. Escheat Proceedings Cannot Be Converted into Settlement of Estate Once the court acquires jurisdiction to hear the petition for escheat by virtue of the publication of the Petition for escheat, this jurisdiction cannot be converted into one’ for the distribution of the properties of the decedent. For such proceedings (for the distribution of the estate of the decedents) to be instituted, the proper parties must be presented and the proceedings should comply wath the requirements of the Rule (In re Anne Fallon Murphy, GR. No. L-14157, October 26, 1960). When escheat proceeding is proper even if the decedent died testate Even if the decedent died testate but his will was not allowed to probate, itis as he died intestate. In such 8 cage, if he has no known heirs and there are no ‘persons entitled to his property, the same can stil be escheated (FESTIN, supra at 138). Parties in an escheat proceeding They are: An escheat proceeding must be initiated by the ‘government through the Solicitor General or his representative (ROC, RULE 91, Sec. 1) 2. All interested parties, especially the actual ‘occupants and the adjacent lot owners shall be personally notified of the proceeding and given the opportunity to present their valid claims; otherwise, it will be reverted to the State (Bermude v. Court of Appeals, G.R. No, L- 38622, October 26, 1987). 3. Any person alleging to have a direct right or interest in the property sought to be escheated Is likewise an interested and necessary party. may properly oppose the petition for escheat or file a claim thereto with the court within the period provided for (The Municipal Council of ‘San Pedro, Laguna v. Colegio de San Jose, Inc., supra.) 4. Under the Unclaimed Balances Law, a depositary bank should be joined as a respondent in an action for escheat since a decree of escheat would necessarily deprive it of the use of such deposits (Act No. 3936, Sec. 2016 SAN BEDA CENTRALIZED BAR OPERATIONS | SilSPECIAL PROCEEDINGS SAN BEDA MEMORY AID 2018 3; Republic v. CFI of Manila, G.R. No. L-30381, August 30, 1988). Real Party in Interest in Escheat Proceedings In all actions for the reversion to the Government of lands of the public domain or improvements thereon, the Republic of the Philippines is the real party in interest. The action shall be instituted by the Solicitor General or the officer acting in his stead, in behalf of the Republic of the Philippines (Manese v. Spouses Velasco, G.R. No. 164024, January 29, 2009). Where to filo Resident — RTC of the province where the deceased last resided. 2. Non-Resident — RTC of tho place where his estate is located (ROC, RULE 91, Sec. 1). SECTION 2. ORDER FOR HEARING IT the petition is sufficient in form and substance the court shall: (HP) 1. Make an order of Hearing — hearing shall not be more than 6 months after entry of order; and 2. Direct the Publication of a copy of the order — at least once a week for 6 consecutive weeks in some newspaper of general circulation in the province (ROC, RULE 91, Sec. 2). Remedy of Respondent if petition does not show that petition is entitled to remedy prayed for untenable from_all standpoints. And when the motion to dismiss is entertained upon this ground, the petition may be dismissed unconditionally and the petitioner is not entitled, as in the case, of a demurrer, to be afforded an opportunity to amend his petition (The Municipal Council of San Pedro, Laguna v. Colegio De San Jose, Inc., G.R. No. L-45460, February 25, 1938). SECTION 3. HEARING AND JUDGMENT ‘open ced in the order of: The publication of the order of hearing; That the person died intestate: That he is seized of real/personal property in the Philippines; That he left no heir or person entitled to such property; and 5. There is'no sufficient cause to the contrary. 5i2 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS. The court shall adjudge that the estate of the deceased in the Philippines, after the payment of just debts and charges, shall escheat (ROC, RULE 91, Sec. 3). Evidence Required in Escheat Proceedings The burden of proof rests on the state to prove that the property in question is in all respects liable to escheat. To whom be assigned: 1. If personal property — to the municipality or city where he last resided: 2. If real property — to the municipality or city where the property is situated: or 3. If deceased never resided in the Philippines ~ to the municipality or city where the property may be found, the property escheated will ‘The court, at the instance of an interested party, or 1. May order the establishment of a = permanent trust, so, that only the income from the property shall be used. Beneficiaries of the estate esches -HERRERA, supra at 229) SECTION 4. WHEN AND BY WHOM CLAIM TO OSESTATE FILED ~Who shay file a claim on the escheated property Any devisee, legate, heir, widowler, or other person “entitled thereto. ‘Such person shall have possession of and title to the ‘same, oF if sold, the municipality or city shall be accountable to him for the proceeds after deducting reasonable charges for the care of the estate (ROC, RULE 91, Sec. 4) er, can assert his right over an esi Provided the donee files his claim within the five- year (5) reglomentary period. Any person alleging to have a direct right or interest in the property sought to be escheated is likewise an interested party and may appear and oppose the petition for escheat (Republic v. CA and Solano, supra.) When to file Within from date of judgment, ee ee ae rover (legal basis)SPECIAL PROCEEDINGS SAN BEDA MEMO RY AID 2018 Note: Under Art. 1014 of the Civil Code, the five (6)year period is reckoned from the date the Property was delivered to the state and further Provides that if the property had been sold, the municipality or city shall be accountable only for such part of the proceeds as may not have been lawfully spent. Reason: It is decidedly prescribed to encourage would-be claimants to be puncluilious in asserting their claims, otherwise they may lose them forever in 1 final judgment (Republic v. CA, G.R. No. 143483, January 31, 2002; FESTIN, supra at 139). Trial court cannot convert an escheat proceeding into an ordinary special proceeding ‘The two actions are entirely different from each other and the requirements. investing jurisdiction are entirely diferent. In special proceedings, publication is once @ week for three (3) consecutive weeks, while in escheat, once a week for six (6) weeks. (FESTIN, supra at 140). “isl ‘SECTION 5, OTHER ACTIONS FOR ESCHEATS. Until otherwise provided by law, actions révérsio &r' escheat of properties alienated in violation’ of the Constitution of of any statute shall bé governed by this rule, except that the action shall be instituted in’ the province where the land lies in whole ot in part (ROG, RULE 91, Sec. 5). \ GENERAL GUARDIANS AND | : GUARDIANSHIP. 0, © Governing Law . Guardianship of minors is now governed by the Rule ‘on Guardianship of Minors (AM. No, 03-02-05- SC) which took effect on May 1, 2003. On the other hand, guardianship of incompetents who are not minors is still governed by the provisions of the Rules of Court on Guardianship (ROC, RULE 92 to RULE 97) and A.M. No. 03-02-05-SG, Sec. 27. Guardianship is the power of protective authority given by law and imposed in an individual who is free and in enjoyment of his rights over one whose weakness on account of his age or other infirmity renders him unable to protect himself (3A- HERRERA, supra at 235), ‘A guardianship is a trust relation of the most sacred character, in which one person, called a "guardian" acts for another called the "ward" whom the law regards as incapable of managing his own affairs. A guardianship is designed to further the ward's well- being, not that of the guardian. It is intended to preserve the ward's property, as well as to render any assistance that the ward may personally require. It has been stated that while custody involves immediate care and control, guardianship indicates not only those responsibilities, but those of one in loco parentis as well (Oropesa v. Oropesa, G.R. No. 184528, April 25, 2012). Basis of guardianship Where minors are involved, the State acts as parens patriae. It is the duty of protecting the rights of persons or individuals who because of age or incapacity are in an unfavorable position vis-a-vis other parties. Unable as they are to take due care of what concems them, they have the political ‘community to look after their welfare (Nery de Leon v. Rosario Lorenzo, et al., G.R. No. L-23376, April 1, 1972) _Purpose: To safeguard the right and interests of 10r8:and incompetent persons. .- Guardian is a person in whom the law has entrusted ff Custody and conto! of the person or estate or Both a Gn infec Insane, or ner person Incapetvo iatmianoying Ns own ations (SA HERRERA, Supra The court, in guardianship proceedings, is Sblely concerned with the ward's custody and proper ‘administration of his properties. Conflicts regarding © ewmership or tile in the hands of a guardian, in bis Eapacity as such should be litigated in a separate Seproceeding (FESTIN, supra at 768). ih. guardianship proceedings, the court cannot Aciually order the delivery of the ward's property “found to be embezzled, concealed, or conveyed ‘except when the titie of the ward to the same is clear and indisputable. Absent the exception, the recovery of such property must be made in a separate proceeding (Cui v. Piccio, G.R. No. L-8131, July 31, 1952). Kinds of Guardians A. According to Scope: 1. Guardian of the Person — one who has been lawfully invested with the care of the person of the minor, 2. Guardian of the Property — one appointed to have the management of the estate of a minor or incompetent; and 3. General Guardian — one appointed to have all the property of the ward (3A-HERRERA, supra at 237). According to Constitution: 1. Legal Guardian ~ without need of judicial appointment; 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | S13,SPECIAL PROCEEDINGS SAN BEDA MEMO y alD 2018 2. Guardian ad litem- appointed by courts of justice to prosecute or defend a minor, insane or person declared to be incompetent, in an action in court; and 3. Judicial Guardian- appointed _in pursuance to law, as guardian for insane Persons, prodigal, minors, etc (3A- HERRERA, supra at 237) Courts with jurisdiction: 1. Regional Trial Courts (RTC) ~ B.P. Big. 129 provides that RTCs have jurisdiction over actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court. RTC has jurisdiction over proceedings on guardianship of incompetents. 2. Family Courts (FC) — R.A. No. 8369 otherwise known as Family Courts Act of 1997 vested the, Family Courts with exclusive original jurisdiction on guardianship of minor’ (FESTIN, supra at 150). s RULE 92 VENUE SECTION 4. WHERE TO INSTITUTE PROCEEDINGS jont — RTC of the ward's residence: esident — RTC of the place where the ward's property is located (ROC,RULE 92, Sec. 7) s SECTION 2. MEANING OF THE WORD “INCOMPETENT” Under this rule, incompetent includes: (PLUNDeC) 1. Prodigals; Note: A prodigal is synonymous to a spendtirift, or @ person who, by excessive drinking, gaming, idleness or debauchery of any kind shall so spend, waste or lessen his estate as to expose himself or his family to want, o suffering, or expose the town to charge or expense for the support of himself or his family (Encyclopedic Law Dictionary, p. 811). 2. Hospitalized 3. Those of Unsound mind though they may have. lucid intervals; 4, Persons Not of unsound mind but by reason of weak mind, age, disease, and other similar causes (WADO), cannot, without outside aid, take care of themselves and manage their property, 54 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 5. Deaf and dumb who are unable to read and write; and 6 Those suffering from penalty of Gi interdiction (ROC, RULE 92, Sec. 2) Incompetent person under guardianship as distinguished from incompetent EXECAD Incompetency to act as EXECAD cannot be equated wath the incompetency that justifies the placing of a person under guardianship. From the fact that a person may be incompetent to act as EXECAD, it does not follow that he could be placed under guardianship. But if a person is incompetent to act as EXECAD, then he is not the incompetent person envisaged in the law of guardianship (Encarnacion Lopez Vda. de Baluyot v. Leonor Ines Luciano, G.R. No, L-42245, July 13, 1976). ‘SECTION 3. TRANSFER OF VENUE The court, taking cognizance of the guardianship proceeding, may transfer the same to the court of another province. or municipality wherein the ward has acquired real property, if he has transferred thereto his bona fide residence, and the latter court shall have full jurisdiction’ to continue the proceedings, without requiring payment of additional Court fees. (OC, RULE 93, Sec, 3) ‘Guardianship court has no jurisdiction to settle the controversy as to who has a better right or title to properties Eonveyed in the course of guardianship proceedings. The controversy should be threshed out in a ‘separate action as the dispute is beyond the jurisdiction of the guardianship court (Parco v CA, GR. No. L-33152, January 30, 1982). RULE 93 APPOINTMENT OF GUARDIANS SECTION 1. WHO MAY PETITION FOR APPOINTMENT OF GUARDIAN FOR RESIDENT Who may fle: (RFOD) Any Relative; 2. bron 3. Other person on behalf of the resident incompetent who has no parents or lawful guardian; or 4, The Director of Health in favor of an insane person who should be hospitalized or in favor of an isolated leper (ROC, RULE 93, Sec. 1). .d as Guardians If the interested person is a creditor and mortgagee of the estate of the minor, he cannot be appointed guardian of the person