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Dear PAO,

I just want to consult about the problem my family is facing about our land. Unknown to my mother, our land was transferred in the name of my father’s cousin. My father died 22 years ago and was survived by my mother and his three children. In what way can we recover the land from my father’s cousin? Zaldy Dear Zaldy,

It was not mentioned in your letter whether or not the land owned by your parents is registered under the Torrens system of titling. As such we will assume that it was registered and before the title of the said land was transferred in the name of your father’s cousin, it was titled in the name of your parents.

It appears that an instrument alienating or transferring the ownership of the said property in favor of your father’s cousin was executed, perhaps through fraud/forgery, to make way for the transfer of the title in the name of the latter. This is the only way that the title of the said land may be cancelled and a new one issued in the name of your father’s cousin. The provision of Section 53 of Presidential Decree No. 1529 or the Property Registration Decree, gives light to this, to wit:

“Sec. 53. Presentation of owner’s duplicate upon entry of new certificate. - No voluntary instrument shall be registered by the Register of Deeds, unless the owner’s duplicate certificate is presented with such instrument, except in cases expressly provided for in this Decree or upon order of the court, for cause shown.

The production of the owner’s duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument, and the new certificate or memorandum shall be binding upon the regis- tered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith.

In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud without prejudice, however, to the rights of any innocent holder for value of a certificate of title. After the entry of the decree of registration on the original petition or ap- plication, any subsequent registration procured by the presentation of a forged duplicate certificate of title, or a forged deed or other instrument, shall be null and void.”

Thus, based on the foregoing, the instrument transferring ownership of the land mentioned in your letter was registered before the Register of Deeds together with the surrender of the Owner’s Duplicate Copy of the Original Certificate of Title/transfer Certificate of Title.

If the ownership of the said land has not yet passed to an innocent purchaser for value or the same was not yet sold to another person in good faith, the same may be recovered from your father’s cousin. This may be done through the filing of a petition in court praying for the cancellation of the said title. Otherwise, you may file damages against your father’s cousin and appropriate criminal complaint against him for the brazen and sinister act he has committed against your family.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter. 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.