Dear PAO,
My father bought a certain land from Jose. The title was not yet transferred to his name, but we have been in possession of the land ever since. Father disclosed to me before his demise that he has an implied trust with Jose. That is why the title in Jose’s name has not yet been cancelled. After Jose’s death, his heirs now claim that the property is part of their inheritance. Allegedly, the fact that their father’s title was not yet cancelled is proof that the property was not actually sold. A friend advised me to file an affidavit of adverse claim to protect our interests, as this legal remedy applies to all kinds of claims. Is it appropriate for us to file an affidavit of adverse claim?
Juancho
Dear Juancho,
Annotation of adverse claim is a remedy available if no registration of claim was specifically provided under Presidential Decree (PD) 1529 or the Property Registration Decree. Registration of adverse claim is provided under Section 70 of said law which provides that:
“Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed. xxx.”
There is also a specific provision under PD 1529 pertaining to the registration of implied trust and this is found under Section 68 which provides that:
“Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement thereof containing a description of the land, the name of the registered owner and a reference to the number of the certificate of title. Such claim shall not affect the title of a purchaser for value and in good faith before its registration.”
The registration of adverse claim under Section 70 and registration of implied trust under Section 68 of PD 1529 were explained by the court in the case of Alberto v. Heirs of Panti, GR 251233, March 29, 2023, where the Supreme Court, speaking through Associate Justice Henri Jean Paul Inting, stated that:
“Indeed, an adverse claim is only proper if there is no other provision in the law for the registration of the claimant’s alleged right or interest in the property. Consequently, there being another provision in PD 1529 under which Alberto could register her supposed interest, i.e., Section 68 on implied trust, she can no longer register it as an adverse claim under Section 70 thereof.”
Applying the above-quoted decision in your situation, the appropriate remedy, assuming you can prove the existence of implied trust, is to register the claim under Section 68 of PD 1529. The registration of an adverse claim under Section 70 of the same law is proper only if there is no specific provision for the registration of the same. Thus, the claim of your friend that the registration of adverse claim applies to all kinds of claims has no legal basis.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
