Spec Pro Class 2020

Escheat

   - is a proceeding whereby the real and personal property of a deceased person in the Philippines, who died without leaving any will or legal heirs, become the property of the state upon his death.

​

Nature of Escheat Proceedings

• rests on the principle of ultimate ownership by the state of all property within its jurisdiction.

 

​

SECTION 1. When and by whom petition filed.

      An escheat proceeding is initiated by the government through the Solicitor General.

 

Requisites for filing petition for escheat

          1. person died intestate

          2. he left properties

          3. he left no heirs or persons entitled to the same.

 

• Petition may be filed 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.

 

 

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,

 

        1. Date of hearing not more than 6 months after entry of order.

        2. Publication of order at least once a week for 6 consecutive weeks in newspaper

            of general circulation in the province, as the court shall deem best.

​

​

​

SECTIONS 3-5

 

 

SECTION 3. Hearing and Judgment

​

Requisites before judgment on escheat is issued

     The court shall adjudge that the estate of the deceased in the Philippines after the payment of just debts and charges shall escheat upon satisfactory proof in open court of the following: (PIP-HC)

1. The Publication of the order of hearing;

2. That the person died Intestate;

3. That he is seized of personal Property in the Philippines;

4. That he left no Heir or person entitled to such property;

5. There is no sufficient Cause to the contrary.

 

Note:

• The burden of proof rests on the state to prove that the property in question is in all respects liable to escheat.

 

To whom the Property Escheated will be Assigned:

1. If personal property-to the municipality or city where he last resided;

2. If real property – to the municipality or city where the property is situated;

3. If deceased never resided in the Philippines – to the municipality or city where the property is found

 

Beneficiaries of the Estate Excheat:

    1. Public schools;

    2. Public charitable institutions and centers.

 

• Waiver of rights to escheat. The right to escheat may be waived expressly or impliedly

 

To whom the Property Escheated will be Assigned:

1. If personal property-to the municipality or city where he last resided;

2. If real property – to the municipality or city where the property is situated;

3. If deceased never resided in the Philippines – to the municipality or city where the property is found

 

 

SECTION 4. When and whom claim to estate filed

 

      Who may file claim on the escheated property:Any

                 a. Devise           

                 b. Legatee;

                 c.  Heir;

                 d. Widower; or

                 e. Other persons entitled to such estate can file a claim

 

      With the court within five (5) years from the date of such judgment.

 

Note:

The five (5) year period is reckoned from the date the property was delivered to the state and further provides that if the property had been sold, the municipality or city shall be accountable only for such part of the proceeds as may not have been lawfully spent.

 

 

SECTION 5. Other actions for escheats

 

     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 lies in whole or in part.

​

​

​

​

​

​

​

​

​

​

​

​