Rule 91 Escheat

Question 1

What is escheat?

Answer 1

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

Question 2

What is the nature of escheat proceedings?

Answer 2

Escheat is not an ordinary civil action but a special proceeding that should be commenced not by complaint but by petition’
.

Question 3

Who are the Parties in a Petition for Escheat?

Answer 3

An escheat proceeding under this Rule must be initiated by the Government through the Solicitor General. All interested parties, especially the actual occupants and the adjacent lot owners shall be personally notified of the proceeding and given the opportunity to
present their valid claims; otherwise, it will be reverted to the State.
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Question 4

Who are the Parties in a Petition for Escheat?

Answer 4

An escheat proceeding under this Rule must be initiated by the Government through the Solicitor General. All interested parties, especially the actual occupants and the adjacent lot owners shall be personally notified of the proceeding and given the opportunity to
present their valid claims; otherwise, it will be reverted to the State.
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Question 5

Which Courts have Jurisdiction to Entertain a Petition for Escheat

Answer 5

Regional Trial Court of the province where the deceased last resided or in which he had estate, if he was a non-resident

Question 6

Which Courts have Jurisdiction to Entertain a Petition for Escheat

Answer 6

Regional Trial Court of the province where the deceased last resided or in which he had estate, if he was a non-resident

Question 7

The requisites for the filing of a petition for escheat?

Answer 7

(1) that a person died intestate;
(2) that he left no heirs or persons by law entitled to the same; and
(3) that the deceased left properties

Question 8

The requisites for the filing of a petition for escheat?

Answer 8

(1) that a person died intestate;
(2) that he left no heirs or persons by law entitled to the same; and
(3) that the deceased left properties

Question 9

Can proceedings for escheat be converted to settlement of estate?

Answer 9

No. an 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.9

Question 10

What is the remedy of a respondent against a petition for escheat?

Answer 10

, an interested party should
not be disallowed from filing a motion to dismiss the petition which is untenable from all standpoints. And when the motion to dismiss is entertained upon this ground, the petition may be dismissed uncon­ ditionally and the petitioner is not entitled to be afforded an oppor­ tunity to amend his petition.1

Question 11

Evidence Required in Escheat Proceedings

Answer 11

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

Question 12

Evidence Required in Escheat Proceedings

Answer 12

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

Question 13

True or false. The right to escheat may only be waived expressly.

Answer 13

False. The right to escheat may be waived, either expressly or impliedly