Dear Attorney,

I would like to seek your legal advice regarding an ongoing issue concerning a piece of land that my family has been occupying for many years. The land was purchased by my parents from a relative who has since passed away. Recently, when we tried to apply for a land title, we discovered that the property is included under a mother title, which was a free patent title issued in favor of someone else. To complicate matters, the lot number that my family has been paying real property tax (amilyar) for is different from the actual parcel of land we have been occupying. We attempted to resolve the issue through the barangay, but the buyer who holds the title refuses to acknowledge our claim. What are our legal remedies to recover our land or correct the title?

Insights

Understanding Ownership Disputes Over Titled Land in the Philippines

Ownership disputes over land are common in the Philippines, particularly in rural areas where land titles may not have been properly transferred, surveyed, or documented. In the case of property bought but not yet titled, and later included in a “mother title,” a number of legal concepts come into play: ownership and possession, prescription, overlapping titles, and adverse possession or ownership through acquisitive prescription. Let’s break down these concepts to fully understand the legal framework surrounding the issue.

1. Ownership and Possession Under Philippine Law

Under Philippine law, ownership is distinct from possession. Ownership refers to the legal right to control a property, which is typically proven through a Torrens Title. On the other hand, possession refers to physical occupation or control of a property, which may or may not be coupled with legal ownership.

The Civil Code of the Philippines establishes two types of possession:

Possession in good faith (Art. 526), where the possessor is unaware of any defect in their title or right to the property.
Possession in bad faith (Art. 526), where the possessor is aware that there are legal defects in their claim or title to the property.

In the situation described, the family has been in possession of the land but without legal title, whereas another party has secured title under a free patent. This creates a dispute between possessory rights (actual use and occupation of the land) and ownership rights (the Torrens title holder’s legal claim).

2. Mother Title and Free Patent

A “mother title” refers to an original title that covers a large parcel of land, which may later be subdivided into smaller lots. In many cases, the subdivisions are not always properly reflected in the land registry records, leading to overlaps and disputes like the one described.

Free patent titles are typically issued for agricultural lands under Commonwealth Act No. 141 (the Public Land Act), and they give the recipient legal ownership of the land. However, it’s not uncommon for errors to occur during the survey process, resulting in land being titled to someone other than the rightful possessor.

If the parcel in question was erroneously included in the free patent title without informing the possessors (such as the family in this case), the next step is to investigate whether there were any irregularities during the titling process.

3. Legal Remedies to Resolve the Dispute

There are several legal options available to the family to resolve this land dispute:

A. Judicial Reconstitution of Title

Judicial reconstitution is an action that allows landowners or claimants to correct errors in the existing land title, especially when a property has been erroneously included in a mother title or a free patent. The family could seek reconstitution of their title through the courts, particularly if they can prove continuous possession of the property over a long period.

B. Adverse Claim and Notice of Lis Pendens

If a title has already been issued to another party, the family may file an adverse claim with the Register of Deeds. This alerts potential buyers or third parties to the fact that there is a pending dispute over the property. A Notice of Lis Pendens could also be filed if the dispute escalates to a court case, notifying all parties that the property is subject to litigation.

C. Acquisitive Prescription

Acquisitive prescription is a legal concept whereby a person who possesses a property continuously for a certain number of years may acquire legal ownership of the land, even without a title.

In the Philippines, acquisitive prescription can be either:

Ordinary acquisitive prescription, which requires ten years of possession in good faith and with just title (Civil Code, Art. 1134), or
Extraordinary acquisitive prescription, which allows a possessor to claim ownership after 30 years of uninterrupted possession, even in bad faith or without just title (Civil Code, Art. 1137).

In this case, if the family has been occupying the land for 30 years or more, they may have a legal basis to file an action to declare ownership through extraordinary prescription.

D. Quieting of Title

A complaint for quieting of title can be filed to remove any cloud or doubt on the rightful ownership of property. This legal action is appropriate when there are conflicting claims to a property, such as when a third party holds a Torrens title while another party is in possession of the land. If the family can show that they have been in continuous possession and that the land should not have been included in the free patent, a court may order the cancellation or correction of the title.

E. Reconveyance of Property

An action for reconveyance can be filed by the rightful owner (in this case, the family) to compel the titleholder to transfer ownership back to them. This is typically done when a property has been erroneously titled to another party, as it appears in this case where the lot sold by the seller does not match the lot that the family has been occupying.

Reconveyance is an equitable remedy and must be filed within a certain prescriptive period, typically 10 years from the issuance of the title, unless there is fraud, in which case the prescriptive period may be tolled.

4. Barangay Settlement and ADR

In land disputes like this, the Local Government Code mandates that parties attempt to resolve their differences through barangay conciliation proceedings. This mechanism allows disputing parties to seek a compromise before going to court. However, if barangay conciliation fails, as in the case described, the parties are free to file a court case to resolve the dispute.

Additionally, the family can consider Alternative Dispute Resolution (ADR) methods, such as mediation or arbitration, which can expedite the resolution of property disputes and potentially avoid the lengthy court process.

5. Documentation and Survey Issues

Lastly, the issue of survey discrepancies and erroneous tax payments also needs to be addressed. The family should request a new survey of the land to determine the correct boundaries and lot number. The result of the survey may serve as evidence in any legal action to correct the title. Furthermore, the family should ensure that their real property tax payments are aligned with the correct lot number to avoid further complications.

In conclusion, resolving a land ownership dispute in the Philippines involves a detailed understanding of the legal concepts of ownership, possession, and prescription, along with the correct application of judicial remedies such as reconveyance, reconstitution of title, and quieting of title. The family in this case should consult with a property lawyer to determine the best course of action based on the specifics of the situation.