Dear PAO,
My mother died in 1990 while my father died in 1995. They left a parcel of land in the province which we have been occupying since they died.

We were supposed to divide it between me and my sister but I was surprised one day to learn that the title of the land was transferred in the name of my sister alone. Upon verification, I found out that an Extrajudicial Settlement of Estate with Waiver of Rights was registered. I don’t remember having executed this document and I did not waive my rights. My question is, how can I get my share now that the land is already titled in the name of my sister?
Al

Dear Al,
There was no mention in your letter that your parents executed a last will and testament. We will assume then that there was none. Thus, the Law on Intestate Succession governs the distribution of their estate.

The ownership of the property left by your parents shall pass to their compulsory heirs, you and your sister, from the moment of their death. The same shall be divided between the two of you, in equal parts. This is particularly stipulated by Article 980 of the New Civil Code of the Philippines:

“Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.”

It is clear that the property being referred to in your letter is owned by you and your sister.

However, since the same is already titled in the name of latter, it appears that your sister alone is the owner. To shield your right over the said property, you may register an Affidavit of Adverse Claim with the Register of Deeds of the place where the property is located. The same shall be annotated on the Title of the said land. This is to inform everyone your right insofar as the said property is concerned.

The Supreme Court in the case of Teresita R. Arrazola vs. Pedro A. Bernas and Soledad V. Alivio (G.R. No. L-29740. November 10, 1978) pronounced:

 “The purpose of annotating the adverse claim on the title of the disputed land is to apprise third persons that there is a controversy over the ownership of the land and to preserve and protect the right of the adverse claimant during the pendency of the controversy. It is a notice to third persons that any transaction regarding the disputed land is subject to the outcome of the dispute.”

Subsequently, you may bring an action in court to have the title of the said land cancelled on the ground that the Extrajudicial Settlement of Estate with Waiver of Rights which you and your sister purportedly executed is fictitious and pray for the partition of the said property between you and your sister in equal parts.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.