Rule 91: Escheat

What is an Escheat Proceeding?

It is a special proceeding whereby the real and personal property of a person who
dies without any will or any other legal heir (except the State) becomes the property
of the State upon his death. (Municipality of San Pedro vs. Colegio de San Jose, 65 Phil.
318)

Escheat may also be defined as that special proceeding whereby property alienated
in violation of the Constitution or any of statute also becomes the property of the
State. (Sec. 5, Rule 91)

What are the requisites for an Escheat Proceeding?

1. A person dies intestate.

2. He left no heirs or persons by law entitled to succeed.
3. He left properties, real and/or personal.

Who files the petition?

The Solicitor General or his representative in behalf of the Republic of the

Philippines may file a petition in the Regional Trial Court setting forth the facts and
praying that the estate of the deceased be escheated. (Sec. 1, Rule 91)

Where to file?

a) If the escheat is due to intestate succession and lack of any legal heir, in the
Regional Trial Court where the deceased last resided.
b) If the decedent was a non- resident of the Philippines, in the Regional Trial
Court of the province where his property is located.
c) c) If the escheat is because of unlawful alienation, the petition shall be filed in
the Regional Trial Court of the province where the land is situated.

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 of hearing. (Sec. 2, Rule 91)

Hearing

Shall not be more than 6 months after the entry of the order, and shall direct that a
copy of the order be published. (Sec. 2, Rule 91)
Publication

The order shall 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 deems best. (Sec. 2, Rule 91)

Emilia Divino vs. Ceferino Hilario

GR No. L-44658 January 24 1936

A court cannot acquire jurisdiction over escheat proceedings if the notice of

publication requirement under the rules are not followed. It also follows that such
court cannot grant any remedy under the rules if it did not take cognizance over the
escheat proceedings .

Presentation of Jurisdictional Facts (Sec. 3, Rule 91)

Satisfactory proof:
• that the order of hearing was duly published
• that the person died intestate, seized of real and personal properties,
• leaving no heir or person entitled to the same and
• after payment of debts and charges.

The court shall adjudge…

That the estate be escheated as follows:

A) If the deceased was a resident of the Philippines at the time of death:
i. Personal estate– assigned to the municipality where the deceased
last resided;
ii. Real Estate- assigned to the city or municipality in which the same is
situated
B) If the decedent was a non-resident at the time of death:
i. Real and Personal Property– shall be assigned to the respective
cities and municipalities where the same is located.

Municipality of Magallon vs. Bezore

GR No. L-14157 October 26,1960

• The jurisdiction acquired by a court to hear a petition for escheat by virtue of

its publication can not be converted into one for the distribution of the
properties of the decedents.
• For the latter proceedings to be instituted, the proper parties must be
presented and the proceedings should comply with the requirements of the
Rules of Court.
Use of Escheated Properties

a) For the benefit of public schools, public charitable institutions and centers in
the city or municipality who are the beneficiaries.
b) At the instance of an interested party, or upon the court’s own motion, the
court may order the establishment of a permanent trust so that only the
income from the property be shall be used.

Who can file a claim to the Estate (Sec. 4, Rule 91)

• devisee,
• legatee,
• heir
• widow,
• widower
• or other person entitled to such estate

When to file a claim (Sec. 4, Rule 91)

File a claim with the court within five (5) years from the date of such judgment.

• If properties not sold:

The person shall have possession of and title to the same.
• If properties have been sold:
The municipality or city shall be accountable to him for the proceeds after
deducting reasonable charges.

RCBC vs. Hi-tri De Corp. and Bakunawa

GR No. 192413 June 13, 2012

• Escheat proceedings are actions in rem, whereby an action is brought against

the thing itself instead of the person.
• Thus, an action may be instituted and carried to judgment without personal
service upon the depositors or other claimants. Jurisdiction is secured by the
power of the court over the res.
• Consequently, a judgment of escheat is conclusive upon persons notified by
advertisement, as publication is considered a general and constructive notice
to all persons interested.