RULE 91

Escheats
Section 1. When an by whom petition filed. When a person dies intestate, seized of real 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.
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, 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 be deem best.
Section 3. Hearing and judgment. Upon 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
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. Shall 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.
Section 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 the said time shall be forever barred.
Section 5. 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.