Escheat: When A Person Dies Intestate, Leaving No Heir or Person by Law Entitled To The Same, State Shall Be The Heir

Escheat Publication at
Devisee, legatee, heir,

widow, widower, or other
person entitled to such
When a person dies least once a estate can claim within five
intestate, leaving no heir week for six (6) (5) years from the date of
or person by law entitled successive such judgment; claim not
to the same, State shall weeks made within the said time
be the heir shall be forever barred.
Filing of Hearing
Order of
Petition for and
Hearing
Escheat judgment
WHO MAY FILE: Court to fix a date and Court shall escheat; and assign
Solicitor General place for the hearing the personal estate to the
or his representative. thereof, which date municipality or city where he
shall be not more than last resided in the Philippines,
VENUE OF PETITION: six (6) months after the and the real estate to the
RTC where deceased last
entry of the order municipalities or cities,
resided or for non-
resident, where property respectively, in which the
is located same is situated
Estate shall be for the benefit of public schools, and public charitable institutions
and centers in said municipalities or cities.
Petition for Adoption Adoption is a juridical act, a proceeding in rem,
which creates between 2 persons a relationship
similar to that which results from legitimate
date and place of
VENUE OF PETITION: hearing which shall be paternity and filiation. Adoption is always for
Family Court where set within six (6) months the best interest of the child.
the prospective from the date of the
parents reside. issuance of the order
Issuance
Filing of Order of Hearing &
Supervised Decree of
Petition for Reception of
Adoption Hearing Evidence Trial custody Adoption
WHO MAY ADOPT: (Sec. 4) publication before the Jurisdictional Trial Custody of at
Any Filipino citizen of date of hearing at least Requirement least 6 months to
legal age, once a week for 3 before establish bonding
Any alien possessing the successive weeks in a presentation of relationship.
same qualifications for newspaper of general witness.
Filipino nationals, circulation in the province
Guardians with respect or city where the court is
to ward after termination situated 1. Parental authority of biological parents/DSWD is
of guardianship extinguished;
Husband & wife shall 2. Reciprocal rights of adoptee and adopter is created;
jointly adopt
3. Successional rights adoptee and adopter is created
including vested rights acquired prior to adoption;
WHO MAY BE ADOPTED 4. The adoptee shall use the new name stated in the
(Sec. 5, AM No. 02-6-02-SC) petition;
5. Civil Registrar shall issue a new Certificate of Live
CONTENTS OF PETITION
Birth and shall cancel original or foundling certificate.
(Sec 7, , AM No. 02-6-02-SC)
Rescission of
Adoption by
Adoptee
RESCISSION OF ADOPTION
Venue = Family Court
where the adoptee
resides w/in 5 years after
reaching age of majority
Filing of Verified Judgment Ordering Rescission

Order to Answer
Petition for Rescission of Adoption
To be filed only by the

adoptee over 18 years, or Adverse party to 1. Parental authority of biological
with assistance of DSWD answer within 15
if minor or his guardian parents/DSWD is restored;
or counsel if over 18 but days from receipt of 2. Reciprocal rights of adoptee and
incapacitated the Order and the adopter is extinguished;
Verified Petition 3. Successional rights shall revert to
Grounds for rescission: status prior to adoption except
1. Repeated physical vested rights acquired prior to
and verbal abuse; recission;
2. Attempt on the life of 4. The adoptee shall use the name
adoptee stated in his original certificate of
3. Sexual assault of live birth;
violence; 5. Civil Registrar shall cancel new
4. Abandonment or Certificate of Live Birth and shall
failure to comply with reinstate original or foundling
parental obligations. certificate.
Change of Name
Publication at
least once a
VENUE OF PETITION:
week for three
RTC where person
(3) successive
desiring to change
weeks
his name resides
Filing of Judgment &

Petition for Order of Hearing Service of
Change of Hearing Judgment
Name
WHO MAY FILE: Court to fix a date Prove Court shall adjudged the
Person desiring and place for the Jurisdictional change of name.
to change hearing, which date Requirement; Judgments or orders
His name or his shall be not be Any interested rendered shall be
within thirty (30) person may furnished the city or
representative.
days prior to an oppose the municipal registrar where
election nor within 4 petition. Sol. the court issuing the same
months after the Gen. or is situated, who shall
last publication Prosecutor shall forthwith enter the same
requirement appear in behalf in the civil register.
of the Republic.
Correction of Entry
Publication at
least once a
VENUE OF PETITION:
week for three
RTC where
(3) successive
corresponding civil
weeks
registry is located
Filing of
Petition for Order of Hearing Order
Correction of Hearing
Entry
WHO MAY FILE: Court to fix the time and Prove After hearing, the court
Any person place for the hearing and Jurisdictional may either dismiss the
interested in any cause reasonable notice to Requirement; Any petition or issue an order
be given to the persons granting the cancellation
act, event, order or interested person
named in the petition. The may oppose the or correction prayed for.
decree concerning court shall also cause the petition. Sol. Gen. Certified copy of the
the civil status of order to be published once judgment shall be served
or Prosecutor
persons which has a week for 3 consecutive upon the civil registrar
shall appear in
been recorded in weeks in a newspaper of behalf of the concerned who shall
the civil register general circulation in the Republic. annotate the same in his
province record

Escheat: When A Person Dies Intestate, Leaving No Heir or Person by Law Entitled To The Same, State Shall Be The Heir

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Escheat: When A Person Dies Intestate, Leaving No Heir or Person by Law Entitled To The Same, State Shall Be The Heir

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Copyright:

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Escheat Publication at

Devisee, legatee, heir,

Filing of Verified Judgment Ordering Rescission

To be filed only by the

Filing of Judgment &

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