ges of Filipinos on land ownership in the Philippines. In such cases, the right of the parties stated in the following article cannot be exercised.” Your Torrens Title will prevail as proof of ownership over the said affidavit. This means that the seller must provide with the original documents which show proof of ownership of the land. “Tax declaration is not a proof of ownership. A Condominium Certificate of Title is proof of ownership of a condominium unitissued by the Register of Deeds of the relevant city or municipality where thecondominium project is located. To overcome this presumption, incontrovertible evidence must be established that the land subject of the application (or claim) is alienable or disposable. I am thinking of converting the mangrove into... Dear PAO, With the exception of agricultural lands, all other natural resources shall not be alienated. Accordingly, Exhibit “3” must be excluded from the judicial proceedings being an inadmissible hearsay evidence. There is no easy way when processing land titles here in the Philippines which involves different government agencies. Certificates of title are conclusive proof of ownership; tax declarations are not. Based from the facts you have provided, it appears that Mario’s claim arises from an alleged contract of sale between your father and his father when they were still alive. Property Ownership in the Philippines. A person who is not a Filipino citizen can obtain ownership of land in the Philippines under the hereditary succession exception given under the Philippine Constitution. A Transfer of Certificate of Title (TCT) is a proof of ownership of a subdivision lot issued by the Register of Deeds of the relevant city or municipality where the subdivision project is located. Get the latest news from your inbox for free. However, it is jurisprudentially clear that the thirty (30)-year period of prescription for purposes of acquiring ownership and registration of public land under Section 14(2) of P.D. Certificate of Ownership. Boracay Atis get land ownership titles By Ina Andolong ... (CNN Philippines, ... yung tax declaration is not a full proof of ownership," said DAR Secretary John Castriciones. Or, county recorders may require you to provide additional proof of your ownership. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. THE House of Representatives' Committee on Justice may not be able to tackle the impeachment complaint against Supreme Court... Dear PAO, According to respondent, the 6.6698 hectare land was originally owned by her father, Cresencio Cadwising. Some of his plants are placed by the window of our... Dear PAO, You must be a Citizen of the Philippines to own property in your name, here in the Philippines Period. The register of deeds for the county will have the deed, and your DMV can issue a new title. The government is not required to prove that it owns the land because of the Regalian Doctrine. “The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives: “(1) those who by themselves or through their predecessors-in- interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.”. Evidence is hearsay when its probative force depends on the competency and credibility of some persons other than the witness by whom it is sought to be produced. LAND ACQUISITION AND OWNERSHIP (source: Land Registration Authority) Land Ownership by Filipinos Overseas Article XII Section 8 of the Philippine Constitution provides that a natural-born citizen of the Philippines who has lost his/her Philippine citizenship may be a transferee of private lands subject to limitations provided by law. After doing an extensive research about the property, and some useful tips before the actual sale, this is the part 3 of our post to help you make a sound decision in buying a land. His possession started when my father was still alive. Your Torrens Title will prevail as proof of ownership over the said affidavit. Questions for Chief Acosta may be sent to dearpao@manilatimes.net, Get the latest news from your inbox for free. The reservation to Philippine citizens and Philippine nationals of the right to own private land is enshrined in the 1987 Philippine Constitution. This advice is based solely on the facts you have narrated and our appreciation of the same. Land titles issued under the Torrens system are printed in security paper, with many security features to avoid tampering and fraud. Am I right to say that if there are claimants of the land, it is already presumed to be a private property? Many, discouraged by the red-tape, have not bothered to register their lands, banking instead on the Deed of Sale and/or Tax Declarations indicating that they have paid their land taxes, if sporadically, as proof of land ownership. My family is opposing the occupation of a certain government agency of a portion of our land. Relative thereto, Article 1358 of the said law states: “The following must appear in a public document: (1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by Articles 1403, No. An affidavit of ownership legally declares you as the owner of a property. However, in the absence of a title, tax declaration coupled by actual possession and existence of improvement also substantiate claim for ownership. The State’s ownership of untitled lands which is also known as the Regalian Doctrine is supported by Section 2, Article XII of the 1987 Philippine Constitution which states that: The ownership of private land in the Philippines is reserved for Philippine citizens and corporations that are considered Philippine nationals. To assure the buyer that the land he buys is covered by an Original Certificate of Title (OCT) or the Transfer Certificate of Title (TCT) issued by the Registry of Deeds, the “Torrens” system of land registration was adapted and used in the Philippines and confirming that the same is absolute, indefeasible and imprescriptible. Any natural-born Philippine citizen who has lost their Philippine citizenship may still own private land in the Philippines (up to a maximum area of 5,000 square meters in the case of rural land). Getting married, investor visas, residency or even getting a Philippines passport does not entitle you to own property in your name no if’s and’s or but’s about it, sorry. It's often a part of the closing process, but if you're transferring outside of an agent, you can create one yourself. If a former Filipino who is now a naturalized citizen of a foreign country does not want however to avail of the Dual Citizenship Law in the Philippines, he or she can still acquire land based on BP (Batas Pam-bansa) 185 and RA (Republic Act) 8179 but subject to the following limitations: Your family should prove ownership over the land. Therefore, an affidavit of ownership is a very useful and powerful document that can make true to your claims of ownership to you properties. To prove that the land subject of an application for registration is alienable, the applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or a statute. In the case of land, it's used to transfer property from one person to another legally. It cannot be deemed a declaration against interest for the matter to be considered as an exception to the hearsay rule because the declarant was not the seller (Emilio), but his father (Ignacio). The burden of proof is on the claimant. In Dantis vs. Maghinang, Jr. (G.R. The latter testified that he and his wife were able to consolidate ownership over the land by declaring them from public land as well as by purchasing from adjoining landowners. Philippine Supreme Court Jurisprudence > Year 2016 > May 2016 Decisions > G.R. The burden of proof is on the claimant. Your family should prove ownership over the land. Your statement that if there are claimants of the land, it is already presumed to be a private property has no legal basis. [What is a Bill of Sale?] Unfortunately, these tax declarations together with their unsubstantiated general statements and mere xerox copies of deeds of sale are not enough to prove their rightful claim. 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