Sufficient proof to establish a parcel of land as alienable and disposable

In the Philippines, to establish that a parcel of land is alienable and disposable (A&D)—meaning it is no longer part of the public domain and can be owned privately—you need to provide sufficient proof.

Republic Act (RA) 11573 entitled "An Act Improving the Confirmation Process for Imperfect Land Titles, amending for the purpose of Commonwealth Act 141," as amended, otherwise known as "The Public Land Act," and Presidential Decree 1529, as amended, otherwise known as the "Property Registration Decree," was approved on July 16, 2021 and took effect on Sept. 1, 2021. This ensures the continued titling of the agricultural lands and simplifies the procedures and requirements for the judicial confirmation of imperfect titles.

As background, before the enactment of RA 11573, the prevailing jurisprudence was Republic vs. T.A.N. Properties Inc. (GR 154953, June 26, 2008, penned by Associate Justice Antonio Carpio), which established the following requirements to prove that the land sought to be registered is alienable and disposable:

"It is not enough for the Provincial Environment and Natural Resources Office (Penro), or Community Environment and Natural Resources Office (Cenro) to certify that a land is alienable and disposable. The applicant for land registration must prove that the DENR Secretary had approved the land classification and released the land of the public domain as alienable and disposable, and that the land subject of the application for registration falls within the approved area per verification through survey by the Penro or Cenro. "In addition, the applicant for land registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. These facts must be established to prove that the land is alienable and disposable."

However, in the case of Republic vs. Pasig Rizal Co. Inc. (GR 213207, Feb. 15, 2022, penned by Associate Justice Alfredo Benjamin Caguioa), it was stated that the requirements to prove the alienable and disposable character of land in Republic vs. T.A.N. Properties Inc. have been superseded by the enactment of RA 11573.

Section 7 of the RA 11573 declares that a certification by a duly designated geodetic engineer of the Department of Environment and Natural Resources (DENR) that the land is part of alienable and disposable agricultural lands of the public domain sufficiently proves that it is alienable, to wit:

"SECTION 7. Proof that the Land is Alienable and Disposable. — For purposes of judicial confirmation of imperfect titles filed under Presidential Decree 1529, a duly signed certification by a duly designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands of the public domain is sufficient proof that the land is alienable. Said certification shall be imprinted in the approved survey plan submitted by the applicant in the land registration court. The imprinted certification in the plan shall contain a sworn statement by the geodetic engineer that the land is within the alienable and disposable lands of the public domain and shall state the applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, Proclamations and the Land Classification Project Map Number covering the subject land.

"Should there be no available copy of the Forestry Administrative Order, Executive Order or Proclamation, it is sufficient that the Land Classification (LC) Map Number, Project Number and date of release indicated in the land classification map be stated in the sworn statement declaring that said land classification map is existing in the inventory of LC Map records of the National Mapping and Resource Information Authority (Namria) and is being used by the DENR as land classification map."

At present, the presentation of the approved survey plan bearing a certification signed by a duly designated DENR geodetic engineer stating that the land is part of alienable and disposable agricultural land of the public domain shall be sufficient proof that the land is alienable, provided that the certification bears references to:

(i) the relevant issuance (e.g., Forestry Administrative Order, DENR Administrative Order, Executive Order or Proclamation); and

(ii) it contains a sworn statement by the said geodetic engineer that the land is within the alienable and disposable lands of public domain.

In the absence of a copy of the said relevant issuances, the sworn statement of the DENR geodetic engineer must state: (i) the LC Map number; (ii) the Project Number; and (iii) the date of release indicated in the LC Map; and (iv) declaration that the LC Map is existing in the inventory of the LC Map records of the Namria and is being used by DENR as land classification map. The said geodetic engineer must also be presented as witness for proper authentication of the certification so presented.

Source: Manila Times

Understanding the Rent Control Act in the Philippines

For anyone renting or planning to rent a property in the Philippines, understanding the Rent Control Act is crucial. This law aims to protect tenants from unreasonable rent increases while ensuring landlords can still fairly profit from their properties. Let’s break down the key aspects of this act to help both tenants and landlords navigate their rights and responsibilities. 

What is the Rent Control Act? 

The Rent Control Act of the Philippines refers to Republic Act No. 9653, also known as the "Rent Control Act of 2009", as extended by subsequent regulations. It governs rental pricing, increases, and disputes for residential units within specific rent ranges, particularly in urban areas. 

The law primarily covers: 

- Residential units with a monthly rent of up to ₱10,000 in Metro Manila. 

- Units with a monthly rent of up to ₱5,000 in other cities and municipalities. 

 Key Provisions 

1. Limit on Rent Increases 

   Landlords cannot increase rent by more than 7% annually for covered properties, provided the same tenant occupies the unit. 

2. Protection Against Eviction 

   Tenants cannot be evicted except under specific circumstances, such as: 

   - Non-payment of rent for three consecutive months. 

   - Subleasing without the landlord’s consent. 

   - The landlord needing the property for personal use or renovations. 

3. Advance Payments and Deposits 

   - Landlords are allowed to collect up to one-month advance rent and two months’ deposit. 

   - Deposits must be returned to the tenant upon moving out, minus any deductions for damages. 

4. Rental Contracts 

   Both tenants and landlords are encouraged to have a written rental agreement specifying the terms and conditions of the lease, including rent, duration, and responsibilities. 

 Who Benefits from the Rent Control Act? 

The act primarily benefits low- to middle-income families, students, and employees who rent affordable housing. It ensures they are not priced out of their homes due to sudden, excessive rent increases. 

 What the Rent Control Act Doesn’t Cover 

The Rent Control Act does not apply to: 

- Commercial properties. 

- Residential units rented out for over ₱10,000 per month in Metro Manila and ₱5,000 per month in other areas. 

- New leases not covered by existing agreements. 

 Recent Updates 

While RA 9653 officially expired, the Philippine government often extends similar provisions to address housing affordability. As of today, tenants and landlords should stay updated with the latest housing and rental policies implemented by the Housing and Land Use Regulatory Board (HLURB) or other government bodies. 

 Tips for Tenants 

- Always sign a written agreement and understand its terms before moving in. 

- Keep records of your payments and communications with your landlord. 

- Report any violations of the Rent Control Act to local housing authorities or barangay offices. 

 Tips for Landlords 

- Familiarize yourself with the Rent Control Act to avoid legal disputes. 

- Clearly communicate rental terms and increases with tenants in writing. 

- Maintain the property to ensure tenants receive value for their rent. 

 Final Thoughts 

The Rent Control Act is a critical safeguard for renters and a guide for landlords in managing rental properties. Whether you’re a tenant or landlord, understanding this law can foster a fair and harmonious rental relationship. 

Stay informed about changes to rental policies and consult legal or housing experts for specific concerns. After all, a well-informed rental community benefits everyone. 

Source: Zigguratrealestate.ph

Cancellation of Annotation in Title: Legal Procedures and Grounds in the Philippines

Introduction

In the Philippines, the Torrens system of land registration ensures the protection and stability of property ownership. However, the Certificate of Title of a property can be subject to various annotations, which indicate claims, encumbrances, liens, or other legal notices attached to the property. These annotations may arise from mortgages, liens, adverse claims, notices of lis pendens, or other legal actions. An annotation does not nullify the title itself but serves to notify the public of existing legal interests in the property.

There are instances when an annotation may no longer serve its purpose, become irrelevant, or be declared void, necessitating its cancellation. This article discusses the legal basis, procedures, and grounds for the cancellation of an annotation in a title in the Philippines.

Common Types of Annotations in Titles

Annotations on a land title generally include:

1. Notice of Lis Pendens: A notice indicating that the property is involved in ongoing litigation.

2. Adverse Claims: Claims of interest by third parties who assert ownership or other legal rights over the property.

3. Mortgage Annotations: Entries showing that the property is subject to a mortgage.

4. Encumbrances: Other legal burdens on the property, such as liens, easements, or usufructs.

5. Restrictions or Conditions: Special conditions, such as restrictions on alienation, imposed by law or contract.

Legal Basis for Annotation and Cancellation

Annotations on a land title are made pursuant to Presidential Decree No. 1529 or the Property Registration Decree, which governs land registration in the Philippines. The cancellation of annotations follows both the provisions of this decree and the Rules of Court.

Section 108 of Presidential Decree No. 1529 allows any person interested in the cancellation of an entry in the title to file a petition for the cancellation or amendment of any annotation on the title. However, the cancellation is not automatic and requires a proper judicial process if the parties involved do not voluntarily agree to it.

Grounds for Cancellation of Annotation

1. Fulfillment or Termination of Obligation: Annotations are typically created to secure obligations, such as a mortgage or lien. Once the obligation has been fully satisfied, the party entitled to the obligation may petition to cancel the annotation. For example, if a mortgage has been paid in full, the mortgagee (creditor) can execute a document releasing the mortgage, and the mortgagor can file a petition to have the mortgage annotation cancelled.

2. Expiration of Legal Interest: Certain annotations may have a limited lifespan or may become irrelevant after the passage of time. For example, a lis pendens, which is recorded when there is a pending court case involving the property, may be cancelled once the case has been resolved in favor of the titleholder or dismissed. Similarly, adverse claims may lapse after a specific period unless renewed.

3. Void or Improper Annotation: Annotations that were improperly placed on the title, such as those made through fraud, mistake, or error, may be cancelled. For instance, an adverse claim that is groundless or not based on legitimate legal interest can be petitioned for cancellation by the registered owner.

4. Mutual Agreement of Parties: If both parties involved in an annotation mutually agree to its cancellation, they may execute an appropriate deed or agreement that will serve as the basis for its removal from the title. For instance, if a lienholder agrees to release a lien after negotiations, the parties can file for cancellation.

5. Court Order: The cancellation of certain annotations, such as adverse claims and lis pendens, may require a court order. A court may direct the cancellation of the annotation if it determines that the claim is baseless or if the registered owner’s rights should prevail.

Procedures for Cancellation of Annotation

The process of cancelling an annotation varies depending on whether the cancellation is voluntary or requires judicial intervention.

1. Voluntary Cancellation:

   - When the cancellation is by mutual agreement (e.g., mortgage fully paid), the parties involved will execute a Deed of Cancellation or a similar instrument.

   - The property owner must then file the Deed of Cancellation, along with supporting documents such as proof of payment or release, with the Registry of Deeds.

   - The Registry of Deeds will verify the documents and, if everything is in order, will cancel the annotation in the property’s title.

2. Judicial Cancellation:

   - If the annotation cannot be cancelled voluntarily (e.g., in cases of disputed adverse claims or lis pendens), the registered owner or interested party must file a Petition for Cancellation of Annotation in the Regional Trial Court (RTC) where the property is located.

   - The petition should detail the grounds for cancellation, supported by evidence such as proof of payment, termination of obligation, or court judgment.

   - The court will then set a hearing, during which interested parties can present their claims or defenses.

   - After the hearing, if the court finds merit in the petition, it will issue an order directing the cancellation of the annotation.

   - Once the court order becomes final and executory, the petitioner will present it to the Registry of Deeds, which will cancel the annotation.

Key Jurisprudence on Cancellation of Annotations

Philippine courts have repeatedly ruled on cases concerning the cancellation of annotations. A few notable rulings include:

- Spouses Ong v. Court of Appeals (2003): The Supreme Court emphasized that for a valid adverse claim to remain annotated, the claimant must renew it after 30 days unless there is a pending case involving the property. Failure to renew or pursue the claim may result in cancellation of the annotation.

- Register of Deeds of Roxas City v. Municipality of Ivisan (2016): The Court ruled that annotations based on notices of lis pendens may be cancelled once the case involving the property has been resolved with finality, especially if the litigation has no more bearing on the registered title.

Effects of Cancellation of Annotations

Once an annotation is cancelled, it is effectively removed from the Certificate of Title, and the titleholder is no longer burdened by the claim or encumbrance previously annotated. This clears the property’s title, making it free from legal complications that could hinder the owner's ability to sell, mortgage, or otherwise deal with the property.

Conclusion

The cancellation of annotations in titles is an important legal process in protecting the interests of property owners in the Philippines. While voluntary cancellations can be straightforward, judicial cancellation may be necessary for contested annotations. Whether dealing with a lis pendens, adverse claim, or mortgage, property owners must carefully follow legal procedures to successfully cancel annotations and ensure the clear and unencumbered status of their titles. Proper legal advice and compliance with the requirements under the Property Registration Decree and relevant jurisprudence are essential in navigating this process effectively.

Source: Ziggurat Real Estate