Dear PAO,
My father had been staying in our land in the province since he was young. He inherited this land from his father and had continued to cultivate the same. Despite the long length of his stay, he received a letter from a certain person,

who belongs to one of the richest families in our place, to vacate the property. The letter has an original certificate of title attached to it. What are the steps, which we could do to stop that person from disturbing us in our land?
Benny

Dear Benny,
The presentation of a certificate of title to your father has the effect of a claim of ownership over the land cultivated by your father since a certificate of title is considered the best evidence to prove ownership over a parcel of land. We suggest that you verify the authenticity of the title sent to your father at the register of deeds of the place where the property is located. If the title does not exist, we advise that you answer the person claiming your property not to disturb your family with your peaceful possession thereof. Thereafter, it is best if your father would apply for the registration of the land in his name under the homestead patent application. Here, the government grants ownership of an agricultural land to any natural-born citizen of the Philippines who is not the owner of more than twenty-four (24) hectares and who since July fourth, nineteen hundred and twenty-six or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition, or who shall have paid the real estate tax thereon while same has not been occupied by any person shall be entitled to have a free patent issued to him for such tract or tracts of such land not to exceed twenty-four hectares (Section 44, CA 141. Public Land Act).

On the other hand, if the title is existing in the records of the Register of Deeds, you may opt to reply to the letter of demand to vacate the property asserting your rightful ownership over the land by reason of cultivation for a long period of time by your father and the latter’s predecessors. If the result of your reply is in the negative, you have to file a case for the cancellation of the title on the ground that the land covered therein was granted to a person not qualified thereto. You should file a case for cancellation of title before the Regional Trial Court of the place where the property is located. The court shall forthwith issue an order for the cancellation of said title once it is proved that the issuance thereof was not legally made.

Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated.