GR L 10033; (August, 1917) (Digest)
G.R. No. and Date: G.R. No. L-10033, August 30, 1917
Case Title: THE CITY OF MANILA, petitioner-appellant, vs. THE ROMAN CATHOLIC ARCHBISHOP OF MANILA and THE ADMINISTRATOR FOR THE ESTATE OF MARIA CONCEPCION SARMIENTO, interveners-appellees.
FACTS:
The City of Manila filed an action to have five parcels of land in Malate and Paco declared escheated in its favor. The City alleged that the original owner, Ana Sarmiento, died in 1668 without leaving any heir or person entitled to the property. The Roman Catholic Archbishop of Manila intervened, asserting rightful administration of the property under Ana Sarmiento’s will. Evidence showed that Ana Sarmiento executed a will in 1668, added a codicil, and made another will in 1669 establishing a “Capellania de Misas” (chaplaincy for masses) and designating her nephew Pedro del Castillo as the first chaplain. The will provided for perpetual administration of the property. Ana Sarmiento died around 1672, and for over two centuries, the Archbishop of Manila had administered the property through its agencies in accordance with the will.
ISSUE:
Whether the properties of Ana Sarmiento may be declared escheated in favor of the City of Manila under Section 750 of Act No. 190 (Code of Civil Procedure).
RULING:
No. The Supreme Court affirmed the lower court’s denial of the petition for escheat. Under Section 750 of Act No. 190 , property may be escheated only when a person dies intestate, without an heir or person entitled to the same. The evidence established that Ana Sarmiento died testate, leaving a valid will that designated an heir (her nephew) and provided for the perpetual administration of the property for a chaplaincy. The Roman Catholic Archbishop of Manila rightfully administered the property in accordance with the will’s terms for over two hundred years. Since Ana Sarmiento did not die intestate or without a lawful heir or administrator, the legal requirements for escheat were not met. The Court found the City’s theory without factual or legal basis.
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