Philippine Bar review · Question

Practice question: Escheat (Rule 91)

Multiple Choice Medium

Practice question

A city asks for immediate escheat because no relative has appeared within one week of death. It has not established intestacy, absence of heirs or the prescribed publication and hearing. Which is correct?
  1. A week's silence conclusively proves no heirs.
  2. Vacancy makes all safeguards unnecessary.
  3. The mayor can privately adjudicate title.
  4. The stated facts do not establish the Rule91 prerequisites; the prescribed proof and process remain necessary.
  5. Any neighbor may take the estate instead.

Legal references

  • https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rules88–91 and adult-guardianship Rules92–97, subject to later law and AM03-02-05-SC for minors.
  • https://lawphil.net/judjuris/juri2025/feb2025/gr_260983_2025.html — GR260983, February10 2025, main decision (OSG/reversion/escheat authority).

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