1
RULE 86: CLAIMS AGAINST ESTATE
CLAIM – any debt or pecuniary demand against the decedent’s estate.
WHEN MAY A COURT ISSUE NOTICES TO CREDITORS TO FILE THEIR CLAIMS?
Immediately issued after granting letters testamentary or of administration.
PURPOSE: for the speedy settlement of the affairs of the deceased person and early delivery of
the property of the estate into the hands of the persons entitled to receive it.
4blue 95: even if testator state in his will and told executor to pay the debt, still the creditor had to
file claim .
Claims arising AFTER his death cannot be presented except for:
a) funeral expenses; and
b) expenses of the last sickness of the decedent
4blue95: Claims for taxes (inheritance and estate) due and assessed after the
death of the decedent need not be presented in the form of a claim. The
court in the exercise of its administrative control over the executor or
administrator may direct the latter to pay such taxes. And the heirs, even
after distribution, are liable for such taxes.
WHEN SHOULD THE CLAIMS BE FILED?
GEN RULE: Within the time fixed in the notice which shall not be more than 12 MONTHS
nor less than 6 MONTHS after the date of the FIRST PUBLICATION. Otherwise, they are
BARRED FOREVER.
4blue95: this is the so called STATUTE OF NON-CLAIMS – period fixed by the rules
of court for the filing of the claims against the estate (this supersedes the prescriptions
4blue95: Even if the testator acknowledged the debt in his will and instructed the
executor to pay the debt, the statute or non-claim must still be complied with the
otherwise the claim may also be barred.
EXCEPTION: BELATED CLAIMS
Belated claims are claims not filed within the original period fixed of the court. On application of
a creditor who has failed to file his claim within the time previously limited,
at ANY TIME BEFORE an order of distribution is entered, the court MAY, for cause shown and
on such terms as are equitable, allow such claim to be filed within a time NOT EXCEEDING 1
MONTH from the order allowing belated claims.
REMEDIES OF THE CREDITOR HOLDING A CLAIM SECURED BY A MORTGAGE
OR OTHER COLLATERAL SECURITY
1. ABANDON the security and prosecute his claim against the estate and share in the
general distribution of the assets of the estate;
2. FORECLOSURE his mortgage or realize upon his security by action in court making the
executor or administrator a party defendant and if there is judgment for DEFICIENCY, he
may file a claim (contingent) against the estate within the statute of non-claims;
2023 notes:What if you do not know if there is possible deficiency, you estimate the probable
deficiency and before the deadline, file a claim against the estate as a contingent claim
2023 notes:If foreclosure was filed while mortgagor was still alive and while case was pending,
debtor died,as such, this is an action w/c survives since you are not directing it against the person
of the debtor and you are not enforcing the principal (since foreclosure), this is an action quasi-in
rem, directed against the party.
--correct procedure is that foreclosure should be dismissed, instead, there should be substitution of
party defendant and the civil action can succeed,there is no reason why I cannot file an action
against the mortgagor during his lifetime and once he is dead, there will be substitution (proper
since action to foreclose mortgage is not action to collect a loan, or a claim of money)
3. RELY SOLELY ON HIS MORTGAGE and foreclosure (judicial or extrajudicial) the
same at anytime within the period of the statute of imitations but he cannot be admitted as
creditor and shall not receive in the distribution of the other assets of the estate.
2023 NOTE: These remedies are alternative, the availment of one bars the availment of other
remedies for the ABOVE REMEDIES are DISTINCT, INDEPENDENT and EXCLUSIVE of
Each other.
4blue 95: extrajudicial foreclosure instituted after death of decedent is permitted by law, and that ,
the special power of attorney may extend even beyond the lifetime of decedent, that’s why there’s
sec 7 (whereby the mortgagee is given 3 options)
4blue 95:power to foreclose is not an ordinary agency so it survives the death of the mortgagor.
HOW TO FILE A CLAIM
1. deliver the claim with the necessary vouchers to the clerk of the court;
2. serve a copy thereof on the executor or administrator
if the claim is due, it must be supported by affidavit stating the amount due and
the fact that there has been no offsets;
if the claim is not due or contingent, it must be accompanied by affidavit stating
the particulars thereof.
PUBLICATION OF NOTICE TO CREDITORS
Publish the notice for 3 successive weeks in a newspaper of general circulation in the province and
post the same in 4 public places in the province and in 2 public places in the municipality where
the decedent last resided.
CLAIMS WHICH MUST BE FILED UNDER NOTICE, IF NOT FILED, BARRED;
EXCEPTIONS.
Claims referred to under this section refer to claims for the recovery of money and which are not
secured by a lien against the property of the estate. (Olave vs. Carlos, 208 Phil 678)
(BAR) Before the case is to be decided, there is still a decision required for but the defendant died.
Is there a substitution? No need since an action for recovery of money as debt does not survive, as
such ,the procedure is to dismissed the case and file it as claim against the estate.
2023 notes: the creditor is still obliged to file a claim since upon death of the testator (who
acknowledges that he has a debt to such creditor), his entire estate is bonded fro the payment of his
debts. No creditor shall be entitled priority ,all are equal. Decedent could not provide for
preference in his will.
REQUISITES BEFORE ACTION MAY BE FILED BY CREDITORS
1. There is a DEFICIENCY of assets in administrator for the payment of debts and
expenses of administration;
2. the deceased in his lifetime had made or attempted to make a
FRAUDULENTLY CONVEYANCE of his property or had so conveyed such
property that by law the conveyance would be void as against his creditors;
3. the subject of the attempted conveyance would be liable t ATTACHMENT in his
lifetime;
4. the executor or administrator has shown NO DESIRE TO FILE action the action
or failed to institute the same within a reasonable time;
5. LEAVE is granted by the court to the creditor to file the action;
6. a BOND is filed by the creditor;
7. the action by the creditor is in the NAME of the executor or administrator.
4BLUE 95 NOTE: HOWEVER, the last three requisites are unnecessary where the
grantee is the executor or administrator himself, in which event the action should
be in the name of all the creditors.
ANSWER OF EXECUTOR OR ADMINISTRATOR.
 executor may file answer within 15 days from service of claim.
 Answer must set forth claims which decedent has against claimant or else it will
forever be barred.
Disposition of admitted claim
 if executor or administrator admits claim, the heir, legatee or devisee may oppose it
Trial of contested claims
 The court may refer the claim to a commissioner.
JUDGMENT
Judgment against executor and administrator shall not create any lien upon the property of the
estate or does not constitute a specific lien which may be registered on such property.
Judgment of a probate court approving or disapproving a claim is appealable.
4blue95 Note: The mode of appeal is record on appeal and must be filed within 30 DAYS from
notice of judgment.
2023 BAR MATTER
SOLIDARY OBLIGATIONS OF DECEDENT.
Claim should be filed against decedent as if he were the only debtor without prejudice on the part
of the estate to recover contribution from the other debtor. (Jaucian vs. Quero, 38 Phil 771)
Joint obligation of decedent:The claim must be confirmed to the portion belonging to the
decedent.
But if creditor believes that decedent is poorer than the other debtor, he may file a civil case
against the other debtor to collect the whole debt. It is the other debtor who will now file a claim
against the estate[Imperial Ins. Co. v. David, 133 SCRA 317 (1984)]
CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST AN ESTATE.
 One of the instances where a special administrator is appointed
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2 KINDS OF ACTIONS

A. CLAIMS WHICH SHOULD BE FILED UNDER THE STATUTE OF NON-CLAIMS B. ACTIONS WHICH MAY BE COMMENCED DIRECTLY AGAINST THE
(ACTIONS WHICH DO NOT SURVIVE) EXECUTOR OR ADMINISTRATOR (ACTIONS THAT SURVIVE): (RULE 87)

1. Money claims, debts incurred by deceased during his lifetime arising from contract: 1. recovery of real or personal property or any interest therein from the estate;
2. enforcement of a lien thereon;
a. express or implied(arising from tort or law); 3. action to recover damages for any injury to person or property, real or personal (tortuous
b. due or not due; acts)
c. absolute or contingent. 2023 notes: 1-3,if you file a case during lifetime of testator and he died, case not
dismissed, there should be proper substitution by the executor /administrator
ABSOLUTE CLAIM
2023 notes: Action upon a claim for the recovery of money or debt or interest thereon
is such a claim as, if contested between living persons, would be proper subject of shall not be brought against the executor/administrator, the correct procedure is Rule 86
immediate legal action and would supply a basis of a judgment for a sum certain.
An action for revival of money judgment may be filed against the administrator to preempt
prescription of judgment. (Romualdez vs. Tiglao, 105 SCRA 762)
CONTINGENT CLAIM

conditional claim or claim that is subject to the happening of a future uncertain

event (such event is the uncertainty of liability and not of payment..

4blue95:Claims not yet due or contingent ay be approved at their present value.

A claim that is extinguished by death should be distinguished from an action
which does not survive. A claim is extinguished by reason of death if the action is
personal to either parties such as in cases of legal separation, annulment or
declaration of nullify of marriage.

BAR:X borrowed money from you and Y acted as surety. X died. Creditor can
still file a claim against surety, so he sued the surety. During trial, the right of the
surety is to claim reimbursement against the estate, if such will not file, then
such is barred from claiming, last remedy is to file a contingent claim against the
estate.

BAR: X borrowed P1M from Maycel and mortgage X’s land. X died. Maycel
appraised the land and turned out it is not P1M but only P600T. If there is
deficiency, file claim as probable deficiency against the estate, if not file, and if
Maycel foreclose mortgage, and it is not sufficient, Maycel can no longer run
against the estate to correct deficiency.

4BLUE 95: A DEFICIENCY JUDGMENT is a Contingent Claim

2023 notes: If claim is contingent, you are not supposed to pay the debt. Its only
an approval claim, but you will be paid when the liability becomes certain

2023 notes: How to determine claim? Claims not yet due or contingent may be
approved at their present value.
If the court is satisfied that contingent claim duly filed is valid, it may order
the executor or administrator to retain in his hands sufficient estate to pay a
portion equal to the dividend of the creditors.
REQUISITES
1. Contingent claim is duly filed;
2. Court is satisfied that the claim is valid;
3. The claim has become absolute
How contingent claim becoming absolute in two years allowed and paid,
If such contingent claim becomes absolute and is presented to the court, or to the
executor or administrator, within two years from the time limited for other
creditors to present their claims, it may be allowed by the court.
Heirs may not sue the executor/administrator for recovery of property left by the decedent
UNTIL there is an order of the court assigning such lands to such heir or until the time for
paying debts has expired. (Rule 87, Sec. 3)
General Rule: Heirs have no legal standing to sue for recovery or protection of property
rights of the deceased.
Exceptions:
a. Pending the filing of administration proceedings
b. Administration proceedings have already been commenced, but an administrator has not
yet been appointed (Go Chan v. Young, G.R. No. 131889, 2001)
c. The executor or administrator is unwilling or refuses to bring suit (Rioferio v. CA, G.R.
No. 129008, 2004)
d. The executor is alleged to have participated in the act complained of and he is made a
party defendant (Vda. De Reyes v CA, G.R. No. L47027, 1989)

If the contingent claim matures after the expiration of the two years, the creditors
may sue the distributes, who are liable in proportion to the shares in the estate
respectively received by them. (Jaucian vs. Querrol, supra)
It has been ruled that the only instance wherein a creditor can file an action
against a distributee of the debtor’s assets in under Sec. 5, Rule 88 of the Rules
of Court. The contingent claims must first have been established and allowed in
the probate court before the creditors can file an action directly against the
distributees. (De Bautista vs. De Guzman, 125 SCRA 682)
Court to fix contributive shares where devisees, legatees, or heirs have been
in possession.
2. Claims for funeral expenses; and
3. for the last illness of the decedents;
4. Judgment for money against decedent (under Rule 3 whereby one party to a case died)
IF THE CLAIM AGAINST A DECEASED IS
1. a money claim (liquidated)
a. already instituted – the decedent is substituted, case continues until final judgment,
then the judgment is presented as a claim before the estate proceedings (The
creditor must file a contingent claim under the statute of non-claims)
b. not yet instituted – file a claim in the estate proceedings within the statute of non-
claims
2. to recover real or personal property, or an interest therein, from the estate, or to enforce a
lien thereon, and actions to recover damages for an injury to person or property, real or
personal
a. already instituted – the decedent is substituted, case continues until final judgment,
then the judgment is presented as a claim before the estate proceedings (The
creditor must file a contingent claim under the statute of non-claims)
b. not yet instituted – sue the executor or administrator in a separate action (The
creditor must file a contingent claim under the statute of non-claims)

WHAT IF BEFORE X COULD FILE A CASE AGAINST Y, LATTER DIED:

4blue95:Statute of Non-claims SUPERSEDES the Statute of limitations insofar as the debts of -If claim for damages for injury to person or property arise from a contract, file a claim against
deceased persons are concerned because if a creditor fails to file his claim within the time fixed by estate of deceased
the court in the notice, then the claim is barred forever, However, BOTH statute of Non-claims -If it is an action for damages arising from culpa aquilana where there is no contract, then it can
and Statute of Limitations MUST CONCUR in order for a creditor to collect. be maintained against executor/administrator.

4blue95: HOWEVER, a creditor barred by the Stature of Non-claims may file a claim as a
COUNTERCLAIM in any suit that the executor or administrator may bring against such creditor.
4blue 95:claim not covered by non-claims can be filed anytime like claim for taxes.
4blue 95: the BIR can levy and sell properties even w/o approval of the court (however, court is
not allowed to distribute the estate if no certification that it paid taxes already)
4blue95:Administrator or Executor can also bring an action in behalf of plaintiff(action to collect
debt etc…) what is not allowed is if the deceased is the debtor or defendant.
Thus ,if debtor during his lifetime conveyed his prop in fraud of creditors coz debtor fraudulently
conveyed his property—E/A can protect creditors to recover prop conveyed by debtor during his
lifetime.

FRAUDULENT CONVEYANCE OF PROPERTY BY THE DECEASED
REQUISITES BEFORE CREDITOR MAY BRING ACTION FOR RECOVERY OF
PROPERTY FRAUDULENTLY CONVEYED BY THE DECEASED:
1. There is a deficiency of assets in the hands of an executor/administrator for the payment
of debts and expenses of administration.
2. In his lifetime, the deceased had made or attempted to make a fraudulent conveyance of
his property or had so conveyed such property that by law, the conveyance would be void as
against other creditors.
3. The subject of the attempted conveyance would be liable to attachment in his lifetime.
4. The executor/administrator has shown no desire to file the action or failed to institute the
same within a reasonable time.
5. Leave is granted by the court to the creditor to file the action.
6. A bond is filed by the creditor.
7. The action by the creditor is in the name of the executor/administrator.
4BLUE 95: The last three requisites are unnecessary where the grantee is the
executor/administrator himself, in which event, the action should be in the name of all the
creditors.
WHEN EXECUTOR MAY BRING ACTION FOR PROPERTY FRAUDULENTLY
CONVEYED BY THE DECEASED
When there is a deficiency of assets in the hands of an executor or administrator for the
payment of debts and expenses of administration and the deceased fraudulently conveyed
property to avoid any right debt or duty, the executor or administrator may commence and
prosecute to final judgment such action for recovery of property.
The action would be for the benefit of the creditors. HOWEVER, he shall not be bound to
commence the action UNLESS:
1. Upon application of the creditors;
2. The creditors making the application pay such part of the costs and expenses;
3. Give security therefore to the executor or the administrator. (Rule 87, Sec. 9)
Foreclosure of Mortgage Due to Estate
Executor/administrator CAN foreclose a mortgage belonging to the decedent. (Rule 87, Sec. 5)
Discharge of Debt by Executor or Administrator
An executor or administrator may compound with the debtor of the deceased for a debt due and
may give a discharge of such debt on receiving a just dividend of the estate of the debtor UPON
approval of the court. (Rule 87, Sec. 4)
Concealment/Embezzlement/Conveyance of Any of the Property of the Deceased
Upon complaint of any interested person in the estate, the court may cite such suspected person to
appear before it and examine him on oath on the matter of such complaint.
If the suspected person refuses to appear or to answer questions asked of him during the
examination, the court may punish him for contempt and may commit him to prison until he
submits to the order of the court. (Rule 87, Sec. 6)
If even BEFORE the granting of the letters testamentary/letters of administration, a person
embezzles or alienates any property of the deceased, such person shall be liable in favor of the
administrator or executor for double the value of the property sold, embezzled, or alienated, to be
recovered for the benefit of the estate. (Rule 87, Sec. 8)
Complaint of Executor/Administrator against Person Entrusted with Estate
The court may require such person entrusted with the estate to appear before it and render a full
account of all property which came into his possession.
Refusal to appear or give an accounting may be punished with contempt. (Rule 87, Sec. 7)
3
PAYMENT OF THE DEBTS OF THE ESTATE (RULE 88)
A.DEBTS PAID IN FULL IF ESTATE SUFFICIENT.
Writ of execution is not the proper procedure to satisfy debts. Court must ORDER THE
SALE OR MORTGAGE of the properties of decedent, the proceeds of which will satisfy the
debts and expenses.
IS EXECUTION A PROPER REMEDY TO SATISFY AN APPROVED CLAIM?
NO, because:
1. Payment approving a claim does not create a lien upon a property of the estate;
2. Special procedure is for the court to order the sale to satisfy the claim.
4blue95: If the testator makes a provision in his will or designates the estate to be
appropriated for the payment of his debts, that will be followed. But if it is not sufficient,
such part of the estate as is not disposed of by will, if any, shall be appropriated for that
purpose.
RULE IN PAYMENT OF DEBTS:
GEN RULE: PERSONALITY FIRST CHARGEABLE FOR DEBTS, THEN REALTY.
EXCEPT : WHEN REALTY IS LIABLE FOR DEBTS AND EXPENSES:
1. when the personal estate of the decedent is not sufficient for that purpose;
2. where the sale of such personality would be to the detriment of the participants of the
estate.
TIME FOR PAYING DEBTS
Need not exceed 1 year in the first instance. But court may extend on application of executor
or administrator and after hearing and notice thereof
Extension must not exceed six months for single extension.
Whole period allowed to the original executor or administrator shall not exceed 2 years.
Successor of deceased executor or administrator may be given an extension not to
exceed 6 months.
4blue 95:before claim is paid, it must be approved first
B.ORDER OF PAYMENT IF ESTATE INSOLVENT.
If estate is insolvent, as in liabilities are more than the assets, Sec. 7 in relation to Art, 1059
and 2239 to 2251 of the Civil Code (Concurrence and Preference of Credits) must apply.
ESTATE OF INSOLVENT NONRESIDENT, HOW DISPOSED OF.
In case administration is taken in the Philippines of the estate o a person who was at the time
of his death an inhabitant of another country, and who died INSOLVENT , his estate in the
Philippines shall be so disposed of that his creditors in an outside the Philippines may
receive an equal share, in proportion to their respective credits.
WHEN AND HOW CLAIM PROVED OUTSIDE THE PHILIPPINES AGAINST
INSOLVENT RESIDENT’S ESTATE PAID.
Claims proven outside the Philippines against insolvent resident’s estate paid.
Claims proven outside he Philippines where the executor as knowledge and opportunity to
contest its allowance therein may be added to the list o claims in the Philippine against the
estate of an INSOLVENT RESIDENT and the estate will be distributed equally among
those creditors.
However, the benefit of Section 9 and 10 cannot be extended to the creditors in another
country if the property of such deceased person there founds is not equally apportioned to
the creditors residing in the Philippines. (Principle of Reciprocity)

SALES, MORTGAGES AND OTHER ENCUMBRANCES OF THE PROPERTY OF THE
DECEDENT( RULE 89)
THE COURT MAY ORDER THE WHOLE OR PART OF THE PERSONAL ESTATE TO
BE SOLD IF NECESSARY;
1. to pay debts and expenses of administration
2. to pay legacies; or
3. to cover expenses for the preservation of the estate
WHEN COURT MAY AUTHORIZE SALE, MORTGAGE OR OTHER ENCUMBRANCE
OF REALTY TO PAY DEBTS AND LEGACIES THOUGH PERSONALTY NOT
EXHAUSTED.
1. if personal estate is NOT sufficient to pay debts expenses of administration and legacies; or
2. if sale of personal estate may injure the business or interests of those interested in the estate; and
3. if testator has NOT made sufficient provision for payment of such debts, expenses and legacies.
4. if deceased was in his lifetime under contract, binding in law to deed real property to
beneficiary; (Section 8)
5. if the deceased during his lifetime held real property in trust for another person. (Section 9)
REQUISITES
a) application of executor/administrator;
b) written notice to person interested; and
c) hearing
NOTE: assets in the hands of executor/administrator will not be reduced to prevent a creditor from
receiving his full debt or diminish his dividends.
NOTE: Without notice and hearing, the sale, mortgage or encumbrance is void. Notice is
mandatory, noncompliance therewith under the sale is null and void.
Reason. The reason behind this requirement is that the heirs are the presumptive owner. Since hey
succeed to all the rights and obligation of the deceased from the moment of the latter’s death, they
are the person directly affected by the sale or mortgage and therefore cannot be deprived of the
property, except in the manner provided by law.
Section 3. Persons interested may prevent such sale, etc. by giving bond.
Section 4. when court may authorize sale of estate as beneficial to interested persons. Disposal of
proceeds.
Section 5. when court may authorize sale, mortgage or other encumbrance of estate to pay debts
and legacies in other countries.
When it appears from records and proceeding of a probate court of another country that the estate
of the deceased in foreign country is not sufficient to pay debts and expenses.
Section 6. When court may authorize sale, mortgage or other encumbrance of realty acquired on
execution or foreclosure
REGULATIONS FOR GRANTING AUTHORITY TO SELL, MORTGAGE OR
OTHERWISE ENCUMBER ESTATE (MANDATORY).
Application for authority to sell, mortgage or encumber property of the estate ay be denied by the
court if:
1. the disposition is not for any of the reasons specified by the rues; OR
2. under Section 3 rule 89, any person interested in the estate gives a bond
conditioned to pay the debts, expenses of administration and legacies.
4blue 95:if heir sells/mortgages his share, judicial approval not needed since latter
is needed only if it involves the decedent and not the heirs
Section 8. When court may authorize conveyance of realty which deceased contracted to convey.
Notice. Effect of deed
Section 9. When court may authorize conveyance of lands which deceased held in trust.
4
DISTRIBUTION AND PARTITION OF THE ESTATE ( RULE 90)
1. LIQUIDATION
Liquidation refers to the determination of all assets of the estate and payment of all debts and
expenses. There are two requisites before the distribution of estate:
1. Liquidation
2. Declaration of Estate
The declaration of heirs is undertaken to determine to whom the residue of the estate should be
distributed. The declaration is made in the same proceeding, a separate action for the
declaration of heirs not being the proper recourse.
2. PROJECT OF PARTITION
The project of partition is a proposal for distribution of the hereditary estimates and determines
persons entitled thereto (Moran, Comments on the Rules of Court, 1997 Ed. Vol. 3, 688-689)
The finality of the project of partition by itself alone does not terminate the probate proceeding.
The probate court loses jurisdiction of an estate under administration only after the payment of
all the debts and the remaining estate delivered to the heirs entitled to receive the same (Guilas
v. CFI of Pampanga, G.R. No. L-22695, 1972)
A judicial partition is not final and conclusive. It does not prevent an heir from bringing an
action to obtain his share, provided the prescriptive period has not closed (Mari v. Bonilla, G.R.
No. L-852, 1949)
3. REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT NOT GIVEN HIS SHARE
A heir entitled to the reside of the estate may demand his share through the following causes of
action:
a. A motion in the same probate or administration proceedings; or
b. A motion to reopen the settlement proceedings if it had been closed.
If an heir has not received his share, his proper remedy is to file a motion with the probate court
for delivery to him of his share or if the estate proceedings had been closed, he should file a
motion for reopening of the proceeding, within the prescriptive period, and not to file an
independent action for annulment of the project of partition. (Guilas v. Judge of CFI, G.R. No.
L-26695, 1972)
As long as the order or distribution of the estate has not been complied with, the probate
proceedings cannot be deemed closed and terminated, because a judicial partition is not final
and conclusive and does not prevent the heirs from bringing an action to obtain his share,
provided the prescriptive period therefore has not elapsed.
The better practice, however, for the heir who has not received his share, is to demand his share
through proper motion in the same probate or administrative proceedings, or for the reopening
of the probate or administrative proceedings if it had already been closed, and not through an
independent action, which would be tried by another court or judge which may thus reverse a
decision or order of the probate or intestate court already final and executed and reshuffle
properties long ago distributed and disposed of. (Timbol v. Cano, G.R. No. L-15445, 1961)
REMEDY OF A PRETERITED HEIR
The intestate proceedings, although closed and terminated, can still be opened within the
prescriptive period upon petition by the preterited heir (Solivio v CA, G.R. No. 83484, 1990)
INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT OF EXECUTION
General Rule: Probate court cannot issue writ of execution. (Pastor v. CA, G.R. No. L-
56340, 1983)
Rationale: Its orders usually refer to the adjudication of claims against the estate which the
executor /administrator may satisfy without the need of executory process.
Exception
a. To satisfy the contributive shares of the devisees/legatees/heirs when the latter had entered
prior possession over the estate. (Rule 88, Sec. 6)
b. To enforce payment of the expenses of partition. (Rule 90, Sec. 3)
c. To satisfy the costs when a person is cited for examination in probate proceedings. (Rule
142, Sec. 13)
 5

ESCHEATS
BAR MATTER 2023
ESCHEAT ( RULE 91)

Its a proceeding whereby the real and personal property of a deceased person in he Philippines, ho
dies WITHOUT LEAVING ANY WILL or legal heirs, become the property of the State upon his REMEDY OF RESPONDENT AGAINST PETITION
death.

PERIOD FOR FILING A CLAIM

3 INSTANCES OF ESCHEATS
When the petition does not state facts which entitle the petition to the remedy prayed for, the
respondent may file a MOTION TO DISMISS the petition. (Municipal Council of San
1. When a person dies intestate leaving no heir but leaving properly in the
Pedro, Laguna v. Colegio de San Jose, G.R. No. L-45460, 1938)
Philippines; (Section 1)

2. REVERSION PROCEEDINGS – Sale in violation of the Constitutional

provision; Who May File a Claim on Escheated Estate

4BLUE 1995: Reversion will NOT BE ALLOWED even if the original buyer a. Devisee
was an alien, if later on the title to the property was transferred by succession b. Legatee
to the buyer’s heirs who are qualified parties (i.e. Filipino citizens) (Republic c. Heir
v. ROD Roxas City, G.R. No. 158230, 2008) d. Widow/Widower; or
e. Any person entitled to such estate. (Rule 91, Sec. 4)

3. Unclaimed Balances Ac. (dormant accounts for 10 years shall be escheated)

Period for Filing
The escheat petition here shall be filed in the RTC of the place where the
dormant deposits are found (Act. No. 3936, Sec. 3) Within 5 years from date of judgment in the estate proceedings, otherwise it will be barred
forever. (Rule 91, Sec. 4)

What is the basis of the state’s right to receive property in escheat?Order of succession
under the Civil Code, the STATE is the last heir of the decedent.

Who files?Solicitor General or his representative in behalf of the Philippines.

Where to file?RTC of last residence or of location of his estate in the Philippines if he is

anon-resident.

ORDER FOR HEARING.

If petition is sufficient in FORM and SUBSTANCE the court shall:

1. Make an ORDER OF HEARING – hearing shall not be more than 6 MONTHS

AFTER ENTRY OF ORDER;
2. Direct the publication of a copy of the order – at least one a week for 6
CONSECUTIVE WEEKS.

REQUISITES

1. Publication of the order;

2. person dies intestate;
3. he is seized of real/personal property in the Philippines
4. he left no heir or person entitled to such property;
5. there is no sufficient cause to the contrary

TO WHOM WILL THE PROPERTY ESCHEATED BE ASSIGNED

1. personal property, city or municipality where he last resided

2. if real property where the property is situated.
3. if deceased never resided in the Philippines. Where the property may be found.

4blue95:The court, at the instance of an interested party, or on its own motion , may order
the establishment of a PERMANENT TRUST, so that only the income from the property
shall be used.

Use of Escheated Property Such estate shall be for the benefit of public schools, public
charitable institutions and centers in said municipalities or cities. The court, at the instance
of an interested party or upon its own motion, may order the establishment of a
PERMANENT trust so that only the income of the property will be used. (Rule 91, Sec. 3)

CAN COURT CONVERT ESCHEAT PROCEEDINGS INTO ORDINARY SPECIAL

PROCEEDINGS OR VICE-VERSA?

NO. This is not allowed for the two action have different requirements in acquiring jurisdiction. In
special proceedings, publication is once a week for 3 weeks while in escheat, one a week for 6
weeks.
Once escheat proceedings are instituted, the jurisdiction acquired cannot be converted into one for
the distribution of the properties of the decedent (Municipalities of Magallon v. Bezore, G.R. No.
L-14157, 1960).

If the petition is sufficient in form and substance, the court by order shall set a date and place for
the hearing of the petition. Such order must be published before the hearing at least once a week
for six (6) successive weeks in a newspaper of general circulation. (Rule 91, Sec. 2)