Letter to the Lawyer:

Dear Attorney,

I hope this message finds you well. I am reaching out for legal advice regarding a matter involving a filed adverse claim on a property that I believe to be fraudulent. Specifically, an individual has registered an adverse claim against my property, yet it seems evident that they have no legitimate right to do so. I would like to know if this action could expose them to liability for perjury. Furthermore, I would appreciate any guidance on how I can best address and resolve this issue.

Sincerely,
A Concerned Property Owner

Comprehensive Legal Discussion on Perjury and Adverse Claims Under Philippine Law

Under Philippine law, filing an adverse claim is a legal remedy provided under Section 70 of Presidential Decree No. 1529, or the Property Registration Decree, which allows an individual asserting an interest in registered property to notify the Register of Deeds of such interest. This remedy is meant to protect legitimate claims and prevent fraudulent transactions involving the property.

However, the wrongful use of an adverse claim—especially when the claimant knowingly lacks any legal or factual basis—can give rise to criminal liability. One potential ground for such liability is perjury, as defined under Article 183 of the Revised Penal Code of the Philippines.

I. Overview of Perjury Under the Revised Penal Code

Article 183 of the Revised Penal Code defines perjury as follows:

"Any person who, knowingly making untruthful statements upon any material matter and under oath in cases in which the law so requires, shall be guilty of perjury."

To constitute perjury, the following elements must be present:

A statement is made under oath or executed as part of a sworn affidavit.
The statement pertains to a material matter.
The statement is made before a competent officer authorized to administer oaths.
The statement is false.
The person making the statement knows it to be false.

A person who falsely claims a right to a property through an adverse claim, supported by an affidavit that they know to be baseless, may be held liable for perjury. The affidavit required to support an adverse claim is central to this analysis, as it must contain a sworn statement of facts demonstrating the claimant's legal or equitable interest in the property.

II. The Process and Requirements for Filing an Adverse Claim

Under Section 70 of the Property Registration Decree, an adverse claim requires:

An affidavit setting forth the nature of the claimant's interest in the property;
A description of the property;
The adverse claim must be supported by legal grounds for claiming an interest in the property.

The purpose of the affidavit is to ensure that only legitimate claims are recorded. A baseless claim filed with the intent to harass the property owner or impede lawful transactions could be considered an abuse of this legal mechanism.

III. Perjury in the Context of a Fraudulent Adverse Claim

If the affidavit supporting an adverse claim contains statements that are knowingly false, the claimant may be guilty of perjury. For instance:

If the claimant falsely asserts ownership or an encumbrance without supporting evidence;
If the claimant knowingly fabricates facts to justify their claim;
If the claimant files the adverse claim with malicious intent to harass the property owner.

The sworn affidavit is a material document because it is the basis upon which the Register of Deeds annotates the title. Thus, any falsehoods in the affidavit meet the "material matter" requirement for perjury under Article 183.

IV. Proving Perjury in Court

To successfully prosecute a case for perjury, the complainant (e.g., the property owner) must prove the following:

The False Statement: Present evidence demonstrating that the adverse claim is unsupported by fact or law. This may include a lack of ownership documents or other proofs of interest.
The Knowledge of Falsity: Show that the claimant knew their statements in the affidavit were false when they swore to them.
Competent Authority: Establish that the affidavit was submitted under oath to the Register of Deeds or another competent authority.

Courts typically examine evidence meticulously in perjury cases, as they involve intent and require proof beyond a reasonable doubt.

V. Related Civil Remedies for the Aggrieved Property Owner

Apart from criminal liability, a property owner may explore the following remedies:

Cancellation of the Adverse Claim: File a petition with the Register of Deeds or seek judicial relief to cancel the adverse claim, citing its fraudulent nature.
Damages: Pursue a civil case for damages under Article 19, 20, or 21 of the Civil Code, which penalize acts contrary to good faith and fair dealing.
Legal Malicious Prosecution: If the adverse claim is filed in bad faith, the property owner may also seek redress for the harm caused by the malicious assertion.

VI. Defenses Available to the Claimant

It is crucial to recognize potential defenses a claimant may raise:

Good Faith: The claimant may argue that they genuinely believed they had a legal right to file the adverse claim.
Materiality: The claimant could challenge the materiality of the allegedly false statements in the affidavit.
Procedural Deficiencies: Procedural lapses in filing a criminal complaint for perjury, such as lack of jurisdiction or improper venue, may also be raised as defenses.

VII. Practical Considerations and Case Law

Case Law and Precedents: Jurisprudence has addressed instances of abuse of the adverse claim mechanism. In several cases, courts emphasized the need for clear, substantiated interests before filing such claims. For example:

In Gonzales v. Register of Deeds, the Supreme Court underscored the affidavit's pivotal role in ensuring the integrity of property transactions.
In Spouses Bacal v. CA, the Court penalized the abuse of legal remedies designed to protect property rights.

Practical Steps for Property Owners:

Gather Evidence: Compile all documents disproving the claimant’s interest.
File a Complaint: Bring the issue before the court or the relevant administrative body for relief.
Legal Counsel: Engage a lawyer to assess the merits of pursuing perjury charges or other legal remedies.

VIII. Conclusion

While filing an adverse claim is a legitimate legal remedy, its misuse through knowingly false assertions can expose the claimant to criminal liability for perjury under Article 183 of the Revised Penal Code. Additionally, aggrieved property owners have recourse to both criminal and civil remedies to protect their rights.

Each case requires a thorough examination of the facts and evidence. Property owners facing fraudulent adverse claims are encouraged to consult legal counsel to explore the best course of action. Conversely, individuals contemplating an adverse claim must ensure they have a legitimate basis for doing so to avoid potential legal repercussions.