Court determines who has better right to property

Dear PAO,

I found out during the examination of my Transfer Certificate of Property Title that another Title
overlaps with my TCT. This has severely affected my faith in the Torrens Title, which is supposed to be
the best evidence of land ownership. I am afraid I will lose my property to a fraudulent and spurious
land grabber. I have a complete file of the technical description of the lot, and the decision of the Court
of First Instance ordering the issuance of the decree to my grandfather in 1958. The spurious title was
registered in 1978 as a free patent without any Original Certificate of Title. The said title was entered in
the records of the Registry of Deeds in 1984. My title, on the other hand, was registered in March 1958
at the Register of Deeds. What should I do? Help me.

Thank you for whatever assistance you will give us.

Tessie

Dear Tessie,

It is unfortunate that you discovered this discrepancy with your title and another title. However, you
need not worry, because you have a remedy in our laws to correct the said inconsistency. In your letter,
you said that this other title overlaps with your TCT. You did not mention the extent of the overlap. For
the purpose of this discussion, we will assume that the overlap is complete and not a mere boundary
dispute between your property and the property of the owner of the “spurious” TCT. In addition, we will
also assume for the sake of this discussion that neither your grandfather nor any of his descendants sold
or mortgaged the said property to anyone. This means that the property continues to be the property of
your grandfather’s family, and that there was really double registration on the same property.

Since according to your letter, your grandfather was able to register this property in his name in 1958,
this means that the second title, registered in 1984 should never have been issued and registered.

Once a title has been issued, this is conclusive and binding against the entire world. No one can acquire
any right to the registered property unless they acquire such right through and from the registered
owner. Presidential Decree (P.D.) No. 1529 or the Property Registration Decree states that:

“The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or
liens as may be provided by law. It shall be conclusive upon and against all persons including the
National Government and all branches thereof, whether mentioned by name in the application or
notice, the same being included in the general description ‘To all whom it may concern’.”
Under our laws, when a titled property is discovered to have another existing title, there exists a cloud
on one’s title to real property by reason of an instrument or record. In this case, Article 476 of the Civil
Code applies and states:

“Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in
fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may
be brought to remove such cloud or to quiet the title.”

In order to remove such cloud, you may file a Petition for Quieting of Title under Rule 63 of our Rules of
Court, particularly Declaratory Relief and Other Similar Remedies. The second paragraph of Section 1,
Rule 63 of the Rules of Court states:

“An action for the reformation of an instrument, to quiet title to real property or remove clouds
therefrom, or to consolidate ownership under Article 1607 of the Civil Code, may be brought under this
Rule.”

This action may be filed in the court having jurisdiction of the area where the property is located. The
court, once it finds that there is indeed a cloud on the title, meaning there is another title claiming
ownership over your titled property, it will determine who has the better right to the property and order
the cloud to be removed. In your case, if the court finds your title to be in order, it will order the
annulment of the title issued in 1984.