Philippine Bar review · Question

Practice question: Escheat (Rule 91)

Multiple Choice Medium

Practice question

The court finds all ordinary estate-escheat requisites established. Valid debts and charges remain. May the entire gross estate be assigned for public benefit without accounting for them?
  1. Yes, escheat always cancels every creditor.
  2. Yes, a creditor can never have a claim after death.
  3. Yes, only private heirs must pay debts.
  4. Yes, public benefit automatically overrides the Rule.
  5. No; §3 provides escheat after payment of just debts and charges.

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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