Dear Attorney,
I am currently in the process of settling the estate of a relative who passed away some time ago. Upon reviewing the Original Certificate of Title (OCT) and the Deeds of Absolute Sale (DOAS) for properties she purchased, I found a discrepancy between the land area listed on the OCT and the total land area reflected in the DOAS. The OCT states 1,102 sqm, but the combined area of the purchased lots as stated in the DOAS totals 1,539 sqm. Could you please advise me on how to address this discrepancy?
Concerned Heir
Insights
A discrepancy between the area indicated in a land title, such as an Original Certificate of Title (OCT), and the total area indicated in the corresponding Deeds of Absolute Sale (DOAS) may touch on the legal concept of reformation of instruments under Philippine law.
Reformation of Instruments is a remedy provided under the Civil Code of the Philippines. When a written agreement (such as a sale contract) does not express the true intention of the parties due to mistake, fraud, inequitable conduct, or accident, either party may seek to have the instrument reformed to reflect their actual agreement. This can occur when the contract documents, such as the DOAS, indicate a different land area than what appears on the title. If proven, reformation can align the documents with the true intentions or terms agreed upon by the parties.
Additionally, the issue of boundaries and landmarks may arise. In Philippine property law, the description of the land in the title usually prevails. However, if a survey error or other clerical mistake occurred when the land was titled, a court may be petitioned to correct the title to reflect the actual physical area purchased, especially if supported by sufficient evidence such as a correct land survey or the Deeds of Absolute Sale.
Another related legal concept is resolving title discrepancies through administrative remedies. Under the Land Registration Authority (LRA) rules, discrepancies in land area due to clerical errors can be addressed through administrative petitions to correct entries. If the error is not merely clerical and involves a substantial dispute over property boundaries or ownership, a judicial action may be necessary to resolve the matter.
For an heir or property owner facing a discrepancy between the title and the DOAS, a thorough review of supporting documents, including surveys and contracts, is essential. They should consult with a lawyer to assess the best course of action, whether to pursue reformation of the instrument, a correction of title, or another legal remedy to resolve the issue.