Philippine Bar review · Question

Practice question: Escheat (Rule 91)

Multiple Choice Hard

Practice question

An estate escheats after the prescribed judgment. Two years later, a legally entitled heir appears and properly files a claim under Rule91 §4. The property has been sold by the recipient municipality. Assuming the claim is established, which is correct?
  1. The municipality is accountable for the proceeds after reasonable estate-care charges, under the Rule.
  2. Sale always extinguishes every timely statutory claimant's right.
  3. The heir must have appeared before death.
  4. Only the administrator personally receives the proceeds.
  5. The five-year claim provision never applies after judgment.

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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