ArticuLaw Primo
LSPU-LAW STAR CLASS
Rule 91
ESCHEATS
Prepared by: Edward Agravante
Question: WHEN ALLOWED?
- Person dies intestate
- Seized of real property in the Philippines
- Leaves no heir or person by law entitled to the same
Procedure
a.Solicitor General or his representative in behalf of the Republic of the Philippines to file the petition
b.In the RTC of the province where the deceased last resided or in which he had estate, if he resided out of the Philippines
c.If petition is sufficient in form and substance, the court shall fix a date and place for the hearing o Which date shall not be more than 6 months after the entry of the order
d. The court shall direct a copy of the order to be published before the hearing at least once a week for 6 consecutive weeks in some newspaper of general circulation published in the province, as the court shall deem best
e. The court shall hear the case and judge whether or not the estate shall escheat
f. If the court rules in favor of the Republic:
- It shall assign the personal estate to the municipality or city where the deceased last resided, 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.
- It may also order the establishment of a permanent trust, so that only the income from the property shall be used.
Question: Who may file?
Answer: Solicitor General or his representative.
Question: Where to file?
CFI of the province/ Regional Trial Court where deceased last resided OR which he had estate.
Nature of Escheat
- Is not an ordinary civil action but a special proceeding that should be commenced not by complaint but by petition.
- It is an incident or attribute of sovereignty and rests on the principle of ultimate ownership by the state of all property within its jurisdiction.
- It is a substantial right of the state and is not a claim based on charity, gratuity or unearned benefit.
Parties
- It must be initiated by the Government through the Solicitor General.
- All interested parties, especially the actual occupants and adjacent lot owners shall be personally notified of the proceeding and given the opportunity to present their valid claims
- Any person alleging to have a direct right or interest in the property sought to be escheated, likewise an interested and necessary party, may properly oppose the petition for escheat or file claim thereto with the court within the period provided in the Rule.
Requisites for filing:
a)A person died intestate.
b)He left no heirs or persons by law entitled to the same.
c)Deceased left properties.
Proceedings in escheat cannot be converted into settlement of the estate.
- Proceedings in escheat cannot be converted into settlement of the estate.
- The escheat court does not have the power to order or proceed with, the distribution of the estate of a decedent in escheat proceedings and adjudicate the properties to the oppositors.
DUTY OF COURT; WHEN PETITION SUFFICIENT.
- Fix a date and place for hearing
Date - not less than 6 months after the entry of the order
- Direct a copy of the order be published before the hearing At least once a week for 6 successive weeks Newspaper of general circulation in the province.
COURT SHALL ADJUDGE THAT THE ESTATE SHALL ESCHEAT
- Date and time published
- Right of government proven in court
- Payment of just debts and charges
1.Personal estate goes to the municipality or city of last residence
2.Real estate goes to the municipality or city where 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.
- The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that the only income from the property shall be used.
Conclusiveness of judgment of escheat
Conclusive upon persons notified by advertisement to all persons interested.
Evidence required
Escheats and forfeitures are not favored by law, and the modern rule under statutes regulating escheat proceedings is that the burden of proof rests on the state to prove that the property in question is in all respects liable to escheat.
Waiver
The right to escheat may be waived, either expressly or impliedly.
Thus where the right to escheat claimed by municipality has existed long prior to the registration proceedings instituted by the Roman Catholic Archbishop of Manila and the same has not been asserted in said proceedings, it is deemed to have been completely waived.
PERIOD TO APPEAL AND CLAIM THE ESTATE
Within 5 years from date of judgment; otherwise, barred forever.
By whom:
- Devisee, legatee, heir, widow, widower, or other person entitled to such estate appears.
- 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.
Period for filing claim.
5 years from date the property was delivered to the state.
OTHER ACTIONS FOR ESCHEAT
Until otherwise provided by law, actions 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.
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See Republic of the Philippines v. Court of Appeals [G.R. No. 143483. January 31, 2002]