Procedure when person dies intestate without heirs.
SEC. 750. Procedure when person dies intestate without heirs. — When a person dies intestate, seized of real or personal property in the Philippine Islands, leaving no heir or person by law entitled to the same, the president and municipal council of the municipality where the deceased last resided, if he was an inhabitant of these Islands, or of the municipality in which he had estate, if he resided out of the Islands, may, on behalf of the municipality, file a petition with the Court of First Instance of the province for an inquisition in the premises; the court shall thereupon appoint a time and place of hearing, and deciding on such petition, and cause a notice thereof to be published in some newspaper of general circulation in the province of which the deceased was last an inhabitant, if within the Philippine Islands, and if not, in some newspaper of general circulation in the province in which he had estate. The notice shall recite the substance of the facts and request set forth in the petition, the time and place at which persons claiming the estate may appear and be heard before the court, and shall be published at least six weeks successively, the last of which publications shall be at least six weeks before the time appointed by the court to make inquisition.
Decree of court in such case.
SEC. 751. Decree of court in such case. — If, at the time appointed for that purpose, the court finds that the person died intestate, seized of real or personal property in the islands, leaving no heir or person entitled to the same, and no sufficient cause is shown to the contrary, the court shall order and decree that the estate of the deceased in these Islands, after the payment of just debts and charges, shall escheat; and shall assign the personal estate to the municipality where he was last an inhabitant in the Islands, and the real estate to the municipalities in which the same is situated. If he never was an inhabitant of the Islands, the whole estate may be assigned to several municipalities where the same is located. Such estate shall be for the use of schools in the municipalities, respectively, and shall be managed and disposed of by the municipal council like other property appropriated to the use of schools.
Right of heir, and so forth, subsequently appearing.
SEC. 752. Right of heir, and so forth, subsequently appearing. — If a devisee, legatee, heir, widow, husband, or other person entitled to such estate, within seventeen years from the date of such decree appears and files a claim with the court to such estate, he shall have possession of the same, or if sold, the municipality shall be accountable to him for the avails, after deducting reasonable charges for the care of the estate; but if a claim is not made within the time mentioned, it shall be forever barred.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
