Dear Atty. Chris,

My boss, Ronald, died last month. He had no known relatives, so I volunteered to oversee his burial including management of his properties like house and lot, and a grocery store. I asked my co-workers and his friends if our boss told them even a little about his family but they told me that Sir Ronald lived alone and they don't know any personal information.

I also made announcements on newspapers and radio but no one appeared. What will happen to his properties?

Jayson

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Dear Jayson,

Provided that Ronald left no will and has no heir, the properties left may be escheated. This is pursuant to Section 1 of Rule 91 of the 1997 Rules of Court, which states that:

"When a person dies intestate, seized of real or personal property in the Philippines, leaving no heir or person by law entitled to the same, the Solicitor General or his representative in behalf of the Republic of the Philippines, may file a petition in the Court of the First Instance of the province where the deceased last resided or in which he had estate, if he resided out of the Philippines, setting forth the facts, and praying that the estate of the deceased be declared escheated."

Correlative thereto, Section 3 of same rule states that:

"Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the person died intestate, seized of real or personal property in the Philippines, leaving no heir or person entitled to the same, and no sufficient cause being shown to the contrary, the court shall adjudge that the estate of the deceased in the Philippines, after payment of just debts and charges, shall escheat; and shall, pursuant to law, assign, the personal estate to the municipality or city where he last resided in the Philippines, and the real estate to the municipalities or cities respectively, in which the same is situated. If the deceased never resided in the Philippines, the whole estate may be assigned to the respective municipalities or cities where the same is situated. Such estate shall be for the benefit of public schools, and public charitable institutions and centers in said municipalities or cities.

"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."

Ronald's real properties, after payment of debts and charges, shall be escheated in favor of the municipality or city where these properties are located for the benefit of public schools, charitable institutions and centers.

Hope this helps.

Atty. Chris Liquigan