IN THE MATTER OF ESCHEAT PROCEEDINGS OF THE ESTATE OF THE DECEASED ANNE FALLON MURPHY AND THOMAS FALLON MARRIED TO JULIA FALLON. MUNICIPALITIES OF MAGALLON, ISABELA AND LA CASTE…

These are escheat proceedings instituted by the Municipalities of Magallon,
La Castellana and Isabela, Province of Negros Occidental, in the Court of First
Instance of that province, praying that the estates of the deceased Anne Fallon
Murphy and Thomas Fallon, the latter married to Julia Fallon, consisting of
agricultural lands and residential lots, as well as accrued rentals deposited
with the Warner, Barnes & Co., Ltd., be escheated in favor of the
above-named municipalities, respectively, wherever the real estates are
situated. Finding that the petition was in order, the judge of the court ordered
the publication of the petition and set the same for hearing before itself on
October 9, 1957.

The evidence shows that the properties sought to be escheated originally
belonged to Charles J. Fallon, an American citizen, married to Rosario
Santaromana. Fallon died in Manila on March 25, 1935, so his wife acquired by
inheritance one-half of the said properties as owner, and the other half as
usufructuary. The value of the properties of Charles J. Fallon in 1936 is
estimated at P46,105.41 (Exhibit “H”). His wife Rosario Santaromana died in
1943, and thereupon the properties which she held in usufruct were transmitted
to the brother and sister of her deceased husband, namely, Thomas Fallon and
Anne Fallon Murphy. The value of the estate belonging to both Thomas Fallon and
Anne Fallon Murphy is P23,052.70. Thomas Fallon and Anne Fallon Murphy were
residents of the United States and as nothing was known about them from their
relatives in the United States, the petitioning municipalities believed that
they had died without heirs. Hence the petition for escheat.

At the hearing of the petition, evidence was submitted that Anne Fallon
Murphy died on March 12, 1936 in San Francisco, California (ROA p. 21), while
Thomas Fallon, died on May 26, 1936, also in San Francisco, California (ROA p.
25). Julia Fallon, on the other hand, died in San Francisco, California on
December 2, 1944 (ROA p. 26).

Opposition to the petition for escheat was Hied by Ignatius Henry Bezore,
Elwood Knickerbocker and Mary Irene Fallon McCormick. Ignatius Henry Bezore
claims that he is a nephew of the decedents because his mother was their sister.
Elwood Knickerbocker also claims to be the sole legatee of his wife Loreta
Knickerbocker, who in turn, was the residuary legatee of Anne Fallon Murphy.
Mary Irene Murphy McCormick likewise claims that she is the niece of the
decedents as her father was a brother of said decedents. Conformably to their
petitions, all the oppositors pray that the petition for escheat be dismissed
and that the properties of the decedents be distributed among them.

The court, after hearing, found that Anne Fallon Murphy died in San Francisco
on March 12, 1936 and Thomas Fallon, also in the same city on May 26, 1936; that
Thomas Fallon was survived by his wife Julia Fallon, who in turn, died in San
Francisco on December 22, 1944; that Anne Fallon Murphy executed a will on
February 7, 1935, which was admitted to probate on May 7, 1937. Considering
these facts the court denied the petition for escheat of the properties of the
deceased Anne Fallon Murphy and Thomas Fallon, for the reason that Thomas Fallon
died with an heir his wife Julia Fallon, and Anne Fallon Murphy, for her part,
died leaving a will, in which she disposed of all her properties.

As to the prayers contained in the opposition asking that the oppositors be
declared heirs of the deceased Thomas Fallon and Anne Fallon Murphy, the court
declared that the evidence submitted was not competent or sufficient to sustain
the claim of the oppositors and, therefore, denied said prayers.

The petitioning municipalities presented no appeal, but the “oppositors did
appeal, claiming that the lower court erred in not rendering judgment in their
favor and in not declaring them heirs of the decedents Anne Fallon Murphy and
Thomas Fallon.

This appeal can not be entertained. While it is possible for the estates of
the deceased Anne Fallon Murphy and Thomas Fallon, who at the time of their
death were residents of San Francisco, California, to be settled here, or more
specifically in Negros Occidental where they had properties, these proceedings
were instituted as escheat proceedings and not for the settlement of the estate
of deceased persons. The court acquired jurisdiction to hear the petition for
escheat by virtue of the publication of the petition for escheat. The
jurisdiction acquired can not be converted into one for the distribution of the
properties of the said decedents. 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 with the requirements of the Rules.
Hence, the Court of First Instance did not have the power to order, or to
proceed with, the distribution of the estates of the decedents in these escheat
proceedings, and adjudicate the properties to the oppositors.

Wherefore, the decision appealed from should be, as it hereby is, affirmed,
without costs.

Paras C. J., Bengzon, Padilla, Bautista, Angelo, Reyes, J.B.L., Barrera,
Gutierrez David, and Paredes, JJ., concur.

Judgment affirmed.