On the government claiming properties from a person who died without a will

“Death is not the end,” said American journalist Ambrose Bierce. “There remains the litigation over the estate.”

This applies, whether the decedent or owner of the estate died with or without a will. The Supreme Court has consistently held that from the moment of the decedent’s death, the heirs become absolute owners of his property, subject to his rights and obligations thereon, and even before judicial declaration of their being heirs in the corresponding proceedings.

Where the decedent died intestate, or without a will, his heirs shall inherit in the prescribed order under the Civil Code. Absent any of these heirs, the Philippine State shall inherit the entire estate pursuant to the law governing escheat proceedings.

In Republic v. Court of Appeals, the Supreme Court defined escheat as a proceeding where the State, by virtue of its sovereignty, steps in and claims the real or personal property of a person who has died intestate, leaving no heir. Absent any lawful owner, a property is claimed by the State to forestall an open “invitation to self-service by the first comers.” Since escheat is one of the incidents of its sovereignty, the State may prescribe conditions and limits the time within which a claim to the estate may be made.

Under the Rules of Court, the Solicitor General or his representative may file a petition instituting escheat proceedings before the Regional Trial Court (RTC) where the decedent last resided or if he resided out the Philippines, where he had estate.

If the petition were sufficient in form and substance, the RTC shall issue an order fixing a date and place for the hearing thereof. This date shall not exceed six months after the entry of the order. Meanwhile, a copy of that order shall be published before the hearing at least once a week for six successive weeks in some newspaper of general circulation published in the province, as the court shall deem best.

At this hearing, the court shall pass on the sufficiency of proof that: (a) its earlier order was published, as directed; and (b) the decedent died intestate, seized of real or personal property in the Philippines, leaving no heir or person entitled to the same.

Afterwards, no sufficient cause being shown to the contrary, the RTC shall adjudge that the decedent’s estate in the Philippines shall escheat, after payment of just debts and charges. Moreover, pursuant to the applicable law, the RTC shall assign the personal estate to the municipality or city where he has last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.If the decedent never resided in the Philippines, the whole estate may be assigned to the respective municipalities or cities where the same is located, for the benefit of similarly located public schools and public charitable institutions and centers. In this regard, the Civil Code authorizes the RTC, at the instance of an interested party, or on its own motion, to order the establishment of a permanent trust so that only the income from the property shall be used.

A devisee, legatee, heir, widow, widower, or other person entitled to the decedent’s estate should file a claim thereto with the same court within five years from the date of such judgment. Afterwards, this claimant 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.

A claim not made within this five-year period shall be forever barred, even when as alleged in the Republic case, the supposed claimant, a donee of a property belonging to the decedent’s estate, has only discovered the purported deed of donation beyond said period.

A judgment in escheat proceedings, when rendered by a court of competent jurisdiction, is conclusive against all persons with actual or constructive notice, absent dishonest intent on the part of petition to deprive such persons of any right, or in any way injure him.