REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIFTH JUDICIAL REGION
BRANCH ___
LEGAZPI CITY

REPUBLIC OF THE PHILIPPINES,

Plaintiff,

-versus- SPECIAL PROCEEDING

NO. 911
For: Escheat
CAMALIG BANK (A RURAL
BANK) (Legazpi Branch) ; LAND
BANK OF THE PHILIPPINES
(Legazpi Branch) ; and all depositors/
creditors listed in Annexes “A” to “D”
hereof,
Defendants.

x---------------------------------------------------x

PETITION FOR ESCHEAT

The REPUBLIC OF THE PHILIPPINES, through the Office of the
Solicitor General, respectfully states:
1. Plaintiff Republic of the Philippines is a political and juridical
entity with legal capacity to sue. It may be served with Court process
through the address at 134 Amorsolo Street, Legazpi Village Makati City.

2. Defendants, CAMALIG BANK (A RURAL BANK) (Legazpi

Branch) ; LAND BANK OF THE PHILIPPINES (Legazpi Branch) are
duly organized banking institution within the meaning of (PD 679) Section 1
of act 3936 (An Act Requiring Banks, Trust Companies, Savings and
Mortgage Banks, Mutual Building and Loan Associations, And Banking
Institutions of every kind to transfer Unclaimed Balances Held by them to
the Insular Treasury, and for Other Purposes), as amended by PD No. 679,
and authorized to do business in the Philippines. It has respective office in
Legazpi City as indicated above, where it may be served with summons and
other court processes in accordance with Section 3 of Act 3936, as amended.

3. Pursuant to Section 2 of Act 3936, as amended, the above-

named defendant bank forwarded to the Treasurer of the Philippines a
statement prepared under oath by its respective managing officer of all
deposits and credits held by them in favour, or in the names of such

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depositors and creditors known to be dead, or who have not been heard
from, or have not made further deposits or withdrawals during the preceding
ten (10) years or more.

4. Copies of these sworn statements of deposits and credits as of

Odd Years 2015-2017 are attached hereto as Annexes “A” to “D” and made
integral part of this Complaint.

5. The unclaimed balances of the defendant banks with total

amount of PhP10,000,000 are as follows:

BANK BRANCH ODD AMT IN PHP AMT IN US $ ANNEX

YEAR

Legazpi 2015 2,500,000.00 A

CAMALIG BANK
(A RURAL BANK)
Legazpi 2017 2,500,000.00 B

Legazpi 2015 2,500,000.00 C

LANDBANK OF
THE PHILIPPINES
Legazpi 2017 2,500,000.00 D

TOTAL 10,000,000.00 196,669.20

6. Pursuant to Section 3 of Act 3936, as amended, all the

depositors and creditors of the defendant banks who are listed in Annexes
“A” to “D” are hereby made defendants in this case. Section 3 likewise
provides that the service of process in this action be made by delivery of a
copy of the complaint and summons to the president, cashier or managing
officer of the defendant bank and by publication of such summons in the
newspaper of general circulation in the locality where the defendant bank is
situated, if there be any, and in case there is none, in the city of Manila, at
such time as this Honorable Court may order. Section 3 also requires that the
Clerk of Court shall issue a Notice to be attached to and published with the
copy of said summons directing all persons, other than those named as
defendants, to show cause, if they have any, why no judgement in favour of
plaintiff may be rendered in this case.

7. Said unclaimed balances for the odd years 2015-2017 are

subject to escheat in favour of plaintiff under the terms of Act 3936, as
amended.

PRAYER

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 WHEREFORE, it is respectfully prayed of this Honorable Court
that, after the service of summons on defendant bank, the ONE-TIME
publication of the Summons on the defendant bank and of the Notice
directed to all persons, other than this named defendant herein, to show
cause, if it they have any, why no judgement in favour of the plaintiff may
be rendered in accordance with Section 3 of Act 3936, as amended, after
hearing, judgement be rendered declaring that the deposits, credits and
unclaimed balances in question be ESCHEATED to plaintiff Republic of
the Philippines, and commanding defendant bank to forthwith deposit the
same with the Treasurer of the Philippines.

Plaintiff prays for such other just equitable reliefs under

premises.

Makati City for Legazpi City, August 30, 2018.

JOSE C. CALIDA
Solicitor General
Roll No. 24852 / IBP Lifetime No. 015360
MCLE Exemption No. VI-000016

Rex Bernardo L. Pascual

Assistant Solicitor General
Roll No. 38914 / IBP Lifetime No. 01997
MCLE Exemption No. VI-000377

JERROS S. DOLINO
Associate Solicitor
Roll No. 60045/ IBP No. 022049-01/05/18
MCLE Compliance No. V-0016703

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legazpi Village, Makati City
Tel No. 8186301 docket#osg.gov.ph

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

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 The foregoing Complaint will be filed and served by registered mail due
limited office personnel.

JERROS S. DOLINO
Associate Solicitor
RBLP: JSD: raj
Docket No: 18-2010

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VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, ROSALIA V. DE LEON, Treasurer of the Philippines, Bureau of

the Treasury, Ayuntamiento Building, Cablido Street corner A. Soriano
Avenue, Intramuros, Manila, after having been duly sworn in accordance
with law, do hereby depose and say:

1. That I am the treasurer of the Republic of the Philippines;

2. That pursuant to Act No. 3936, as amended by P.D. No. 679, I

caused the preparation of the foregoing complaint;

3. That I read and understood the contents thereof;

4. That the allegations contained therein are true and correct based
upon the records;

5. That plaintiff has not commenced any other action or

proceeding involving the same issues in the Supreme Court, the Court of
Appeals or any other tribunal agency;

6. That, to the best of my knowledge, no such action or

proceeding is pending in the Supreme Court, the Court of Appeals or any
other Tribunal or agency;

7. That if I should learn that a similar action or proceeding has

been filed or is pending in the Supreme Court, the Court of Appeals, any
different division thereof, or any tribunal or agency, I undertake to promptly
inform said courts and such other tribunal or agency of that fact within five
days therefrom.

ROSALIA V. DE LEON
Treasurer of the Philippines

SUBSCRIBED AND SWORN to before me, this 9TH day of

January 2018 at the City of Makati.

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Page 6
I, JOSE MISAEL B. MORALEDA, of legal age, Filipino, and with residence at
Purok 9, Taysan, Legaspi City, do hereby swear:

1. That I am the Chairman/ President of Camalig Bank, Inc. (A Rural Bank)

and authorized officer to sign this statement for and in behalf of the Bank;

2. That subject to the provisions of P.D. No. 679, I am forwarding to the

Treasurer of the Philippines deposits held by the Bank in favor of persons
known to be dead, or who have not made further deposits or withdrawals
during the preceding ten years or more as of December 31, 2016, as
follows:

NAME OF COMPLETE AMOUNT OF TYPE OF DATE OF TOTAL

CLIENT BRANCH/ ADDRESS OUTSTANDI UNCLAIM DEATH OR AMOUNT
(LAST, FIRST, OFFICE (BASED ON NG ED DATE OF OF
MIDDLE) LATEST SIG. UNCLAIMED BALANCE LAST INTEREST
ARRANGED IN CARD ON BALANCE DEPOSIT/ DUE (IF
ALPHABETICA FILE) AS OF WITHDRAW ANY) AS OF
L ORDER 12.31.2016 AL 12,31,2016
FROM DATE
OF LAST
TRANSACTI
ON
POBLACION
ABADA, NOY C. OCO EAST, 500,000.00 MONEY 09/27/2006
OCAMPO,
CAM.SUR
POBLACION
ALMARIO, OCO EAST, 500,000.00 MONEY 12/13/2006
KORX A. OCAMPO,
CAM.SUR
B11-23,P2,
ATIBAGOS, CMO CITTA 500,000.00 MONEY 08/07/2006
AGA B. ITALIA, IMUS
CAVITE
BATAWON
BABAYAG, CMO CAMALIG, 500,000.00 MONEY 08/07/2006
RABIBO ALBAY

FIRST PARK
BENEMILE, LO SUBD., 500,000.00 MONEY 11/06/2006
PRINCE J. DARAGA,
ALBAY

3. That the bank has communicated with the above-mentioned accounts with
unclaimed balances at their last known addresses or places of residence;

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4. That I am issuing this sworn statement pursuant to the provisions of P.D.
No. 679 dated April 2, 1975.
Issued this 8th day of January, 2017 at Legaspi City, Philippines.

B. MORALEDA JOSE MISAEL

Chairman/President

SUBSCRIBED AND SWORN TO BEFORE ME THIS 9th day of January affiant

personally exhibiting to me this competent evidence of identity, Passport No.
EC2772794 dated November 19, 2014 issued at DFA Legaspi City.

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I, JOSE MISAEL B. MORALEDA, of legal age, Filipino, and with residence at
Purok 9, Taysan, Legaspi City, do hereby swear:

1. That I am the Chairman/ President of Camalig Bank, Inc. (A Rural Bank)

and authorized officer to sign this statement for and in behalf of the Bank;

2. That subject to the provisions of P.D. No. 679, I am forwarding to the

Treasurer of the Philippines deposits held by the Bank in favor of persons
known to be dead, or who have not made further deposits or withdrawals
during the preceding ten years or more as of December 31, 2014, as
follows:

NAME OF COMPLETE AMOUNT OF TYPE OF DATE OF TOTAL

CLIENT BRANCH/ ADDRESS OUTSTANDI UNCLAIM DEATH OR AMOUNT
(LAST, FIRST, OFFICE (BASED ON NG ED DATE OF OF
MIDDLE) LATEST SIG. UNCLAIMED BALANCE LAST INTEREST
ARRANGED IN CARD ON BALANCE DEPOSIT/ DUE (IF
ALPHABETICA FILE) AS OF WITHDRAW ANY) AS OF
L ORDER 12.31.2014 AL 12,31,2016
FROM DATE
OF LAST
TRANSACTI
ON
BASUD,
CALUYA, CMO ILAWOD, 625,000.00 MONEY 01/02/2004
CLARO L. CAMALIG,
ALBAY
POBLACION
CARDINO, IO SAN 625,000.00 MONEY 07/20/2004
ELLE E. JACINTO
MASBATE

FRANCISCO, MO 625,000.00 MONEY 12/01/2004

JUAN A.

VIRAC
LOPEZ, WIN R. VO CATANDUA 625,000.00 MONEY 08/31/2004
NES

3. That the bank has communicated with the above-mentioned accounts with
unclaimed balances at their last known addresses or places of residence;

4. That I am issuing this sworn statement pursuant to the provisions of P.D.

No. 679 dated April 2, 1975.

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Issued this of January, 2017 at Legaspi City, Philippines.

B. MORALEDA JOSE MISAEL

Chairman/President

SUBSCRIBED AND SWORN TO BEFORE ME THIS 9th day of January affiant

personally exhibiting to me this competent evidence of identity, Passport No.
EC2772794 dated November 19, 2014 issued at DFA Legaspi City.

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 SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES

I, MA. SOCORRO N. REGALA, Department Manager III, Land Bank of the

Philippines—Legazpi City Branch, a domestic banking institution with business address
at LBP Bldg., Rizal ST., Cabangan, Legazpi City, do hereby certify under oath that the
list of Unclaimed balances provided herein and amounting to PESOS: TWO MILLION
FIVE HUNDRED THOUSAND (2,500,000.00) to be submitted to the Treasurer of the
Philippines in compliance with the President Decree No. 679 otherwise known as
Unclaimed Balances Law, is true and correct to the best of my knowledge and belief.

NAME OF COMPLETE AMOUNT OF TYPE OF DATE OF TOTAL

CLIENT BRANCH/ ADDRESS OUTSTANDI UNCLAIM DEATH OR AMOUNT
(LAST, FIRST, OFFICE (BASED ON NG ED DATE OF OF
MIDDLE) LATEST SIG. UNCLAIMED BALANCE LAST INTEREST
ARRANGED IN CARD ON BALANCE DEPOSIT/ DUE (IF
ALPHABETICA FILE) AS OF WITHDRAW ANY) AS OF
L ORDER 12.31.2016 AL 12,31,2016
FROM DATE
OF LAST
TRANSACTI
ON
BASUD,
CALUYA, CMO ILAWOD, 625,000.00 MONEY 01/02/2006
CLARO L. CAMALIG,
ALBAY
POBLACION
CARDINO, IO SAN 625,000.00 MONEY 07/20/2006
ELLE E. JACINTO
MASBATE

FRANCISCO, MO 625,000.00 MONEY 12/01/2006

JUAN A.

VIRAC
LOPEZ, WIN R. VO CATANDUA 625,000.00 MONEY 08/31/2006
NES

In witness hereof, I have hereunto set my hand this 7th day of January, 2017 at
Legazpi City Albay.

MA. SOCORRO N. REGALA

Affiant

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SUBSCRIBED AND SWORN TO BEFORE ME THIS 9th day of January affiant
personally exhibiting to me her ID#1111 issued by Land bank of the Philippines, Manila.

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 SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES

I, MA. SOCORRO N. REGALA, Department Manager III, Land Bank of the

Philippines—Legazpi City Branch, a domestic banking institution with business address
at LBP Bldg., Rizal ST., Cabangan, Legazpi City, do hereby certify under oath that the
list of Unclaimed balances provided herein and amounting to PESOS: TWO MILLION
FIVE HUNDRED THOUSAND (2,500,000.00) to be submitted to the Treasurer of the
Philippines in compliance with the President Decree No. 679 otherwise known as
Unclaimed Balances Law, is true and correct to the best of my knowledge and belief.

NAME OF COMPLETE AMOUNT OF TYPE OF DATE OF TOTAL

CLIENT BRANCH/ ADDRESS OUTSTANDI UNCLAIM DEATH OR AMOUNT
(LAST, FIRST, OFFICE (BASED ON NG ED DATE OF OF
MIDDLE) LATEST SIG. UNCLAIMED BALANCE LAST INTEREST
ARRANGED IN CARD ON BALANCE DEPOSIT/ DUE (IF
ALPHABETICA FILE) AS OF WITHDRAW ANY) AS OF
L ORDER 12.31.2014 AL 12,31,2016
FROM DATE
OF LAST
TRANSACTI
ON
POBLACION
ABADA, NOY C. OCO EAST, 500,000.00 MONEY 09/27/2004
OCAMPO,
CAM.SUR
POBLACION
ALMARIO, OCO EAST, 500,000.00 MONEY 12/13/2004
KORX A. OCAMPO,
CAM.SUR
B11-23,P2,
ATIBAGOS, CMO CITTA 500,000.00 MONEY 08/07/2004
AGA B. ITALIA, IMUS
CAVITE
BATAWON
BABAYAG, CMO CAMALIG, 500,000.00 MONEY 08/07/2004
RABIBO ALBAY

FIRST PARK
BENEMILE, LO SUBD., 500,000.00 MONEY 11/06/2004
PRINCE J. DARAGA,
ALBAY

In witness hereof, I have hereunto set my hand this 7th day of January, 2017 at
Legazpi City Albay.

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 MA. SOCORRO N. REGALA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME THIS 9th day of January affiant

personally exhibiting to me her ID#1111 issued by Land bank of the Philippines, Manila.

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