Escheatment pertains to the legal process by which the government preserves properties, such as estate assets, financial accounts, as well as other assets, which does not have an identifiable owner, heir, or beneficiary, by assuming ownership. Traditionally, the process applies when a person is deceased without a will nor legal heirs. Nevertheless, escheatment may also apply to an unclaimed property that remains inactive or unclaimed for a certain legally prescribed period. As a legal concept, escheat is grounded on the civil principle that properties must always have a legal owner, as when no private claimant can be identified, the State becomes the default custodian or owner.
Act No. 3936, also known as the Unclaimed Balances Law, as further amended by the Presidential Decree No. 679, defines “unclaimed balances” as the legal concept that includes credits or deposits of money, bullion, security, or other evidence of indebtedness of any kind, and interest thereon, with banks, buildings and loan associations, and trust corporations, in favor of any person known to be dead or who has not made further deposits or withdrawals during the preceding ten years or more. Such unclaimed balances, together with the increase and proceeds thereof, shall be deposited with the Treasurer of the Philippines to the credit of the Government of the Republic of the Philippines to be used as the Congress may direct.
The said Act requires banks, buildings, and loan associations, and trust corporations to submit to the Treasurer of the Philippines within the month of January of every odd year a sworn statement of their respective Managing Officers, of all credits and deposits held by them in favor of persons known to be dead, or who have not made further deposits or withdrawals during the preceding ten years or more, arranged in alphabetical order according to the names of creditors or depositors.
Escheat proceedings are considered action in rem where the Court acquires jurisdiction over the subject matter, the unclaimed balance or the “res” upon the proper compliance with the jurisdiction requirements.
The Bureau of the Treasury (BTr) plays an essential and well-defined role in the administration of escheat proceedings. While the Office of the Solicitor General (OSG) remains the principal agency authorized to initiate and prosecute escheat cases on behalf of the Republic of the Philippines, the BTr contributes significantly to the effective records administration, and the execution and enforcement of final judgments or orders issued by the Court in the escheat call. Its specific responsibilities include the following:
CUSTODY AND MANAGEMENT OF ESCHEATED PROPERTY
Upon issuance of a judgment by a court declaring certain properties or unclaimed balances escheated in favor of the State, the BTr assumes responsibility for receiving, safeguarding, and managing the aforementioned escheated property. This custodial function ensures that such property or funds are properly accounted for and integrated into the General Funds of the National Government, in accordance with applicable laws, rules, and accounting standards.
CONSOLIDATION AND SEGREGATION OF REPORTS
Upon receipt of the sworn statement and list of unclaimed balances from banks, building and loan associations, and trust corporations, the BTr, through its Legal Service, organizes all submissions by financial institution, province, and odd year. This process includes verifying that each report is supported by a sworn statement executed by the managing officer of the reporting institution, as well as other certifications required by law. The BTr ensures all documentation is complete and correctly categorized before moving to the next phase.
PREPARATION FOR JUDICIAL PROCEEDINGS
The BTr transmits the complete set of unclaimed balances reports and supporting documents to the Office of the Solicitor General (OSG). The OSG prepares the petition for escheat based on this information. Once approved, the petition is returned to the BTr, which facilitates the execution of the verification and certification against forum shopping by the Treasurer of the Philippines. These certifications are mandatory under the Rules of Court and form part of the final petition to be filed with the Regional Trial Court (RTC).
COORDINATION WITH THE COURTS AND THE SOLICITOR-GENERAL
The BTr works closely with the OSG and RTCs to comply with legal process requirements. This includes ensuring that all petitions, lists of unclaimed balances, court processes, and notices are published in accordance with due process and jurisdictional requirements. The BTr also ensures that the concerned financial institutions are properly served with court processes and that the general public is informed of the escheat proceedings through publication in the newspaper of general circulation in the province or city.
The financial institution must send the following documents via email to the BTr through ubrsubmission@treasury.gov.ph:
Consolidated Unclaimed Balances Report (Head Office)
Signed PDF copy
Excel/spreadsheet version
Sworn Statement (per branch)
Signed PDF with Table of Contents
Certificate of Posting (per branch)
Signed PDF with Table of Contents
NOTE:
All files must be encrypted and password-protected using strong passwords (include letters, numbers, and symbols).
Use a unique password for each file. The reporting institutions shall end passwords in a separate email to the same email address: ubrsubmission@treasury.gov.ph
Mail the following signed printed copies to
NOTE:
Printed copies of the unclaimed balances reports, sworn statements, and certifications, must be sorted by region, province, and city/municipality by the reporting financial institution.
If the institution operates as a single unit, the authorized officer of that unit must handle the submission requirements.
Consolidated Report
January 31 (Odd Years)
Sworn Statements
January 31 (Odd Years)
Certificates of Posting
April 30 (Odd Years)
For any requests for extensions to submit the required report, the requesting party shall send a letter to the Treasurer of the Philippines (Attention: Director III, Legal Service). Include a valid reason for the delay or requested extension.
For more information, please refer to the Treasury Circular No. 5 - 2024.
The escheat process plays a critical role in upholding the integrity of the country's financial, legal, and governance systems. When unclaimed balances, dormant assets, or ownerless properties are left unmanaged, they pose a range of risks-such as legal ambiguity, increased susceptibility to fraud, and erosion of public trust. To address these challenges, the escheat mechanism for unclaimed balances, supported and guided by the Bureau of the Treasury, ensures that such properties are lawfully transferred to the State under clearly defined procedures, thereby preserving legal order and protecting both private and public interests.
PREVENTION OF LEGAL UNCERTAINTY, FRAUD, AND MISUSE
Unclaimed and dormant properties, particularly those held in financial institutions, may become vulnerable to unauthorized access, fraudulent claims, or administrative neglect. The escheat process under the Unclaimed Balances Law provides a structured and lawful remedy by transferring these properties to the government once all legal avenues for locating the rightful owners have been exhausted. This prevents potential misuse, eliminates ambiguity over ownership, and ensures that financial assets do not remain indefinitely where it is not clearly resolved. It also minimizes the risk of these properties being unlawfully appropriated, contested, or subjected to corrupt practices.
PROMOTION OF DUE PROCESS AND JUDICIAL OVERSIGHT
Contrary to misconceptions, escheat is never automatic. It is a legal process administered through the court that upholds the constitutional right of creditors or depositors to due process. Each escheat case is subjected to strict legal scrutiny and must be filed and prosecuted before the appropriate courts, typically by the Office of the Solicitor General. The proceedings involve a public notice, thereby allowing any interested or rightful party to come forward with their claim. The court evaluates all evidence, hears potential claimants, and ensures fairness and transparency before declaring any property as escheated to the State. This process emphasizes the State's commitment to respecting property rights-even when the owner is unknown or untraceable by following a clear legal path, rather than through presumptive forfeiture.
PUBLIC BENEFIT AND FINANCIAL ACCOUNTABILITY
The proceeds or assets from escheated properties or unclaimed balances are not merely absorbed by the government without purpose. Once legally transferred, these properties are placed under the custody of the Bureau of the Treasury, where they are managed responsibly and may contribute to public funds. This process ensures that idle or unutilized resources are reallocated in a manner that serves the greater public good, such as supporting national programs or addressing fiscal needs, in accordance with budgetary laws and regulations. By enforcing escheat, the government demonstrates financial accountability and promotes a fair redistribution of resources that would otherwise remain dormant and unproductive.
REINFORCEMENT OF TRUST IN THE LEGAL AND FINANCIAL SYSTEM
A well-regulated escheat framework reinforces public trust in the financial system, particularly among creditors or depositors, heirs, and investors. It assures individuals that even in cases of death, abandonment, or lost documentation, there is a legal avenue to reclaim or redirect properties appropriately. Moreover, it assures financial institutions that there is a lawful and definitive process for disposing of long-dormant accounts, reducing administrative burden and legal exposure.
Transparency and consistency in the escheat process strengthen the rule of law and signal a mature, rights-respecting, and governance-driven approach to asset management.
Escheat proceedings serve not only as a legal safeguard but also as a governance mechanism that ensures unclaimed or ownerless properties are responsibly managed, fairly adjudicated, and equitably utilized. With the Bureau of the Treasury playing a key role in the custodianship and oversight of escheated assets, the State upholds its duty to protect both private and public interests while maintaining a sound and trustworthy financial and legal environment.
We encourage proactive participation from covered financial institutions, claimants, and other stakeholders to ensure compliance and fairness in the escheat process.
Have questions about escheat proceedings? Email us at legalod@treasury.gov.ph for guidance on compliance, reporting, or claims.
Partner with us to resolve dormant or unclaimed assets. Financial institutions and legal representatives are encouraged to coordinate with the Bureau to streamline submissions, improve reporting standards, and help locate rightful owners when possible.
For more information, please see our Primer on Escheat Proceedings for Unclaimed Balances: bit.ly/BTrPrimeronEscheatment.