ESCHEATS

Special Proceeding Rule 91

SECTION 1
When and by whom petition filed.
When a person dies intestate, seized of real or
personal property in the Philippines, leaving no
heir or person by law entitled to the same,
the Solicitor General or his representative in
behalf of the Republic of the Philippines, may file a
petition in the Court of First Instance of the
province where the deceased last resided or in
which he had estate, if he resided out of the
Philippines, setting forth the facts, and praying
that the estate of the deceased be declared
escheated.

Petition for Escheats may only be filed in the

name of the Republic of the Philippines by the

Solicitor General or his representative.
Even if the decedent died TESTATE but not

allowed probate, it is as if he died

intestate.

SECTION 2
Order for hearing.
If the petition is sufficient in form and
substance, the court, by an order reciting the
purpose of the petition, shall fix a date and place
for the hearing thereof, which date shall be not
more than six (6) months after the entry of
the order, and shall direct that a copy of the
order be published before the hearing at least
once a week for six (6) successive weeks in
some newspaper of general circulation published
in the province, as the court shall deem best.

SECTION 3
Hearing and judgment.
Upon the satisfactory proof in open
court on the date fixed in the order that
such order has been published as
directed and that the person died
intestate, seized of real or personal
property in the Philippines, leaving no
heir or person entitled to the same, and
no sufficient cause being shown to the
contrary, the court shall adjudge that

after the payment of just debts and

charges, shall escheat; and shall,
pursuant to law, assign the personal
estate to the municipality or city where
he last resided in the Philippines, and
the real estate to the municipalities or
cities, respectively, in which the same
is situated. If the deceased never
resided in the Philippines, the whole
estate may be assigned to the
respective municipalities or cities

Such estate shall be for the benefit

of
public
schools,
and
public
charitable institutions and centers in
said municipalities or cities.
The court, at the instance of an
interested party, or on its own
motion, may order the establishment
of a permanent trust, so that only the
income from the property shall be
used.

SECTION 4
When and by whom claim to estate filed.
If a devisee, legatee, heir, widow,
widower or other person entitled to such
estate appears and files a claim thereto
with the court within five (5) years
from the date of such judgment, such
person shall have possession of and title
to the same, or if sold, the municipality or
city shall be accountable to him for the
proceeds, after deducting reasonable
charges for the care of the estate; but a

The 5 year period is to be reckoned

from the date the property was

delivered to the state.
If the property had been sold, the

municipality of the city shall be

accountable only for such part of
the proceeds as may not have been
lawfully spent

SECTION 5
Other actions for escheat.
Until otherwise provided by law,
actions for reversion or escheat of
properties alienated in violation of the
Constitution or of any statute shall be
governed by this rule, except that the
action shall be instituted in the
province where the land lies in whole or
in part.

Rule 91 does not apply to properties

taken from enemy nationals after World

War II and which were required to be
transferred to the Republic under the
Philippine Property Act 1946
Even

if the title thereto was not

transferred to the Government, said
property cannot be escheated in favor
of the Local Government. (Republic VS
IAC, et al., GR. No. 73831, Feb. 27,1987)

thank you!