RULE 91

ESCHEATS
 
Sec. 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. chanrobles virtualawlibrary

Sec. 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.

Sec. 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 the
estate of the deceased in the Philippines, 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 where the same is located. Such estate shall be for the
benefit of public schools, and public charitable institutions and
centers in said municipalities or cities.   chan robles virtual law library
 
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.

Sec. 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 claim not made within said time shall be forever
barred.

Sec. 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. chanrobles
virtua law library