Proof of land ownership in the absence of a certificate of title

General Concept

A title as a concept of ownership is not to be confused with the certificate of title as evidence of such
ownership although both are interchangeably used. [Lacbayan vs Samoy, G.R. No. 165427, March 21,
2011]. Ownership is different from a certificate of title, the latter only serving as the best proof of
ownership over a piece of land. The certificate cannot always be considered as conclusive evidence of
ownership. [Lee Tek Sheng v. Court of Appeals, G.R. No. 115402, July 15, 1998] In fact, the mere
issuance of the certificate of title in the name of any person does not foreclose the possibility that the real
property may be under co-ownership with persons not named in the certificate, or that the registrant may
only be a trustee, or that other parties may have acquired interest over the property after the issuance of
the certificate of title [id]. Hence, Registration does not vest ownership over the property it is only the
best evidence of the same.

Other evidence of land ownership in the absence of a certificate of title:

1. Testimonies and/or affidavits of long and actual possession are considered as strong proofs of title.
[Nolan v. Jalandoni, G.R. No. 6043, October 18, 1912]. Actual possession under a claim of ownership
raises a disputable presumption of ownership [Article 433, Civil Code];

2. A testimony of adverse and exclusive possession of ownership alongside supporting evidence by tax
declaration of property, payment of taxes, and deeds of mortgage is strong proof of title and claim
of ownership.[Consorcia Alano, et al. v. Carmen Ignacio, et al., G.R. No. L-16434, February 28, 1962];
and

3) Lot or survey plan. The description of property should be definite, [so] that an officer of court might
be able to go to the locality where the land is situated and surely locate the same. [Sambrano v. Arzaga
and Longboy, G.R. No. L-6183, March 2, 1912] Note: The land shall be measured by a licensed surveyor
or Geodetic Engineer who shall also prepare the plan in tracing cloth or Diazo Polyester Film. (see Steps
in Obtaining an Original Certificate of Title)

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