191696, April 10, 2013), the Supreme Court through Honorable former Associate Justice Jose C. Mendoza stated: “To begin with, Exhibit “3,” the affidavit of Ignacio, is hearsay evidence and, thus, cannot be accorded any evidentiary weight. 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. This advice is based solely on the facts you have narrated and our appreciation of the same. The helper of my cousin took some pieces of jewelry belonging to the latter and claimed to have given them to a woman... Dear PAO, 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. Applying the above-quoted decision in your situation, the government agency is correct in saying that your family must prove that the land being claimed is alienable and disposable. The agency claimed that the land was proclaimed for forest reservation. I asked him to vacate the land but he claimed that his father is the absolute owner of the land and he presented an affidavit of my grandfather (deceased) acknowledging that the 200-square meter land was sold by my father to Mario’s father (deceased) in 2000. The land is covered by a Torrens Title issued in my name. Many land buyers have been misled to believe that tax declarations assure the buyer ownership of the land. What are the evidence or proof of ownership over a parcel of land? Dear PAO, “All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the state. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. We hope that we were able to enlighten you on the matter. Questions for Chief Acosta may be sent to dearpao@www.manilatimes.net. Republic of the Philippines Province of Benguet Municipality of La Trinidad AFFIDAVIT OF OWNERSHIP of legal age, single/married, Filipino citizen with postal address and residence at with the law, hereby depose and state the following: 1) That I am the owner of certain parcel (s) of land located at 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. It's often a part of the closing process, but if you're transferring outside of an agent, you can create one yourself. ADB cuts 2020 PH economic growth forecast, Ginebra wins first Philippine Cup crown in 13 years, Pornhub bares new rules to fight child abuse, Japan weighs ships for Aegis missile defense system, House may tackle Leonen impeachment case in 2021, Limits on advance and deposits for rental of residential units. You can also make a new resume with our online resume builder which is free and easy to use. The Land Registration Act requires registration of land rights under the Torrens system. In the case of married couples, the total area that both couples are allowed to purchase should not exceed the maximum area mentioned above. Your family must establish the existence of a positive act of the government like Presidential Proclamation, Executive Order, Administrative Action, Investigation Report of the Bureau of Lands, Act or Statute, classifying the land as alienable and disposable. Apparently, the respondents’ best evidence to prove possession and ownership over the subject property were the tax declarations issued in their names. Your Torrens Title will prevail as proof of ownership over the said affidavit. 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. : We told them that we have owned this land since 1960, when it was purchased by our grandfather from the previous owner, and we have tax declarations starting from that year to prove our claim. 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. THE Philippines ranked last among 58 participating countries in the international assessment for mathematics and science for Grade 4 students, according to a report. 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). In such cases, the right of the parties stated in the following article cannot be exercised.” Before any kind of unregistered land can be transferred by means of a transaction, the seller will need to provide the necessary documents before doing so. You may use this certificate for land (real property) or possessions (personal-property). Land titles issued under the Torrens system are printed in security paper, with many security features to avoid tampering and fraud. 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. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. The land is covered by a Torrens Title issued in my name. “Tax declaration is not a proof of ownership. ges of Filipinos on land ownership in the Philippines. You should also prove that the land being claimed is alienable and disposable. 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. I recently purchased a residential apartment unit but will not be able to occupy it since I received a job offer abroad. 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). The agency told us to prove that the land is inalienable and disposable, otherwise, we should vacate it. The opinion may vary when the facts are changed or elaborated. Courts have upheld ownership based on tax declarations, realty tax receipts and transfer deeds. The... TRADE Secretary Ramon Lopez on Wednesday said he tested positive for the coronavirus disease 2019 (Covid-19). Jurisprudence dictates that an affidavit is merely hearsay evidence where its affiant/maker did not take the witness stand. The best evidence of ownership is the certificate of title duly issued by the Registry of Deeds concerned. Philippine Supreme Court Jurisprudence > Year 2016 > May 2016 Decisions > G.R. 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: “Dapat kayong sumunod. 211698, May 30, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. CESAR P. RAYOS DEL SOL, LYDIA P. RAYOS DEL SOL, GLORIA P. RAYOS DEL SOL AND ELVIRA P. RAYOS DEL SOL, Respondents. I am considering... Dear PAO, The main reason for keeping these documents is for your future reference or in the event you need it for legal purposes. An Affidavit of Ownership is often used when a Deed or Certificate of Title isn't enough. [What is a Bill of Sale?] 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. Your family should prove ownership over the land. The burden of proof is on the claimant. This finds support in the case of Republic of the Philippines vs. car, animal, electronics) from the seller and is entitled to ownership of the item (s). Certificate of Ownership. Copyright © The Manila Times – All Rights Reserved. Remember that under Article 1356 of the New Civil Code of the Philippines, it is stated: “Contracts shall be obligatory, in whatever form they have been entered into, provided all the essential requisites for their validity are present. This website uses cookies to ensure you get the best experience on our website. We hope that we were able to answer your queries. To overcome this presumption, incontrovertible evidence must be established that the land subject of the application (or claim) is alienable or disposable. Check out the legal documents required in purchasing a land here in the Philippines. Filipino... Malacañang on Wednesday urged legislators to support the creation of a department for overseas Filipino workers (OFWs), one of the promises of President Rodrigo Duterte. Heirs of Sin, et al. I am thinking of converting the mangrove into... Dear PAO, If you lose a deed or a title, you can obtain a new copy. The ownership of private land in the Philippines is reserved for Philippine citizens and corporations that are considered Philippine nationals. There is no easy way when processing land titles here in the Philippines which involves different government agencies. The affidavit was not identified and its averments were not affirmed by affiant Ignacio. Mario is an occupant of a 200 square-meter portion of the land. Most commonly, banks and lenders providing financing will request that you provide an Affidavit of Ownership. The applicant may also secure a certification from the government that the land claimed to have been possessed for the required number of years is alienable and disposable.”. By continuing to use this website without disabling cookies in your web browser, you are agreeing to our use of cookies. Jensen. In Dantis vs. Maghinang, Jr. (G.R. Exhibit “4,” xxx xxx xxx xxx”. Started when my father was still alive answer your queries to ensure you get latest! 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