What Are Your Options When Faced with Overlapping Titles?

'I tried to apply for a title over a plot of land; however, the concerned government agency informed me that a patent title had already been issued to someone else, covering a large portion of the land I occupy. What is the governing Philippines law and what can I do?'

In the Philippines, land titles and patents are governed by several laws, including:

1. Public Land Act (Commonwealth Act No. 141, as amended) – This law governs the classification and disposition of public lands, including the issuance of patents.

2. Property Registration Decree (Presidential Decree No. 1529) – This law governs the registration of land titles under the Torrens system.

3. Indigenous Peoples Rights Act (IPRA, R.A. 8371) – If the land is ancestral, this law may apply.

4. Free Patent Act (Republic Act No. 10023) – Governs the issuance of free patents to certain public lands.

What You Can Do:

Since a patent title has already been issued to another person over the land you occupy, here are your possible legal remedies:

1. Verify the Title’s Validity

• Secure a Certified True Copy of the title from the Register of Deeds to confirm its authenticity.

• Check if the title is registered under the Torrens system and verify if there were irregularities in its issuance.

2. File an Administrative Protest

• If the title was issued through a patent (e.g., free patent, homestead patent), you may file a protest with the Department of Environment and Natural Resources (DENR) - Land Management Bureau (LMB) if you believe it was erroneously granted.

• Grounds for protest may include fraud, lack of jurisdiction, or improper procedure in granting the patent.

3. File a Petition for Cancellation of Title

• If the patent titleholder obtained the land fraudulently or through misrepresentation, you can file a Petition for Cancellation of Title before the Regional Trial Court (RTC), specifically in its land registration court.

• Grounds include overlapping claims, fraud, or lack of legal basis for the issuance of the title.

4. Reconveyance Case

• If the land was wrongly titled to someone else but was originally yours, you may file a case for reconveyance in court, proving that you are the rightful owner.

• This is particularly applicable if the titleholder misrepresented ownership to obtain the land patent.

5. Seek Judicial Reconstitution of Title

• If your previous title or land rights were lost due to errors, overlapping claims, or destruction of records, you may file a petition for judicial reconstitution to restore your ownership.

6. Consider an Amicable Settlement

• If you have proof of prior possession, you may negotiate with the titleholder to relinquish or transfer ownership, especially if they acquired the land in good faith.

7. Consult a Lawyer

• Given the complexity of land laws in the Philippines, hiring a real estate or land dispute lawyer is strongly advised.

• Your lawyer can determine the best course of action based on available evidence, historical land records, and existing jurisprudence.

Since a patent title has already been issued to another person covering the land you occupy, your next step is to gather proof of your rightful claim, verify the patent’s legality, and explore administrative or judicial remedies to contest it. Act quickly, as there are legal time limits for filing land disputes.

Source: Ziggurat Real Estate

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