Adverse claim

ByPersida Acosta

March 2, 2020

PERSIDA ACOSTA
Dear PAO,
I negotiated with Victor regarding the possible acquisition of his
land, which will be awarded to him pursuant to the land reform
program of the government. After a year, I discovered that the title
of the land was already issued to Victor; however, he already sold
the same to Juan. I felt aggrieved by the transaction. I asked a
friend for an advice on how I can protect my interest over the said
land. My friend told me to execute an affidavit of adverse claim and
 have it annotated on the title of Juan. Please guide me in this
matter.
Dondon

Dear Dondon,
Adverse claim is a remedy found under Section 70 of Presidential
Decree 1529, otherwise known as the “Property Registration
Decree.” Under the provision of law, it is stated that:

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“Whoever claims any part or interest in registered land adverse to

the registered owner, arising subsequent to the date of the original
registration, may, if no other provision is made in this Decree for
registering the same, make a statement in writing setting forth fully
his alleged right or interest, and how or under whom acquired, a
reference to the number of the certificate of title of the registered
owner, the name of the registered owner, and a description of the
land in which the right or interest is claimed. x x x.” (Emphasis
supplied)
This provision clearly provides that any part or interest in registered
land adverse to the registered owner may be the subject of adverse
claim. This finds support also in the decision of the court in the case
titled Cathay Metal Corporation vs Laguna West Multi-Purpose
Cooperative Inc. (GR 172204, July 2, 2014), where the Supreme
Court through Associate Justice Mario Victor Leonen stated that:

“A claim based on a future right does not ripen into an adverse

claim as defined in Section 70 of Presidential Decree No. 1529. A
right still subject to negotiations cannot be enforced against a title
holder or against one that has a legitimate title to the property based
on possession, ownership, lien, or any valid deed of transfer.”

Applying the above-quoted decision in your situation, the

transaction you have entered with Victor does not ripen into an
adverse claim since the same is based on future right. It is important
to emphasize that you were still negotiating with Victor regarding
the acquisition of his land, which was not yet awarded to him at that
time. Such right or interest therefore cannot be considered as
adverse to the registered owner.