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Query: I am a Filipina married to an American seaman. After
our marriage almost 20 years ago, we stayed in the Philippines on a
2,000 square meter lot left behind by our forebears. Although I have
been paying the real estate taxes regularly, the caretaker informed
me that some influential individuals are planning to acquire the
same through the so-called agrarian law. I have gathered that said
law has become a tool of dirty politicians to get votes from
landless people.
We value that property so much because it has
been with our family for many generations. Also, it is a reminder of
the honesty and other excellent attributes of our forebears. The
information relayed to me by the caretaker has driven me crazy the
past couple of weeks, because my co-heirs are relying on me to
prevent the loss of our only property in the Philippines. Can you
please inform me how I can protect our property from being placed
under the country’s agrarian law? Aida S.
Response: Your problem is not unique—it
is faced by many Filipinos here and abroad whose lands are not
covered/registered under the Torrens system. The problem is
aggravated by the non-settlement of estates of deceased individuals
for generations. Under the Philippine law, when an individual dies,
his estate has to be divided among the heirs to prevent any
controversy among future generations. Ignorance of such law has
partially caused the proliferation of land disputes in the urban and
rural areas.
The first thing you have to determine is whether
or not your forebears (grandparents, parents and others) have other
heirs aside from you, your brothers and sisters. Second, did they
leave behind properties, aside from that parcel discussed in your
letter? Third, are there financial obligations left behind by your
forebears? To have a thorough accounting, perhaps you should agree
with your co-heirs to have an administrator or administratrix.
Thereafter, when the financial obligations of the estates are
settled, you and your co-heirs can proceed to the
partitioning/division of the properties. Perhaps such phase may call
for a technical survey of the real properties, which anyway will be
needed for the registration under the Torrens system.
The initial step to be taken by a private owner
to cause his land to be covered by a Torrens title is to have his
land surveyed by a licensed surveyor, after which the survey,
together with the corresponding technical description, will be
submitted for approval by the Director of Lands. Thereafter, the
private owner will accomplish an application for original
registration of his title on a prescribed form to be filed with the
Regional Trial Court of the city or province where the land or part
thereof lies, which court will finally determine whether or not the
title should be issued.
For your information, a Torrens title is
conclusive proof of ownership of the property. One may lose all the
documents and other evidence of his ownership in his possession, but
with the Torrens title preserved in his name, his property cannot be
lost. Said title is indefeasible, unassailable, imprescriptible, and
good against the whole world, including the government itself.
The registration of your real properties in the
Philippines under the Torrens system will no doubt give you peace of
mind.
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Above all things, let us reflect on what Our
Lord and Master Jesus Christ said: “When you pray, do not be like
the hypocrites! They love to stand up and pray in the houses of
worship and on the street corners, so that everyone will see them. I
assure you, they have already been paid in full. But when you pray,
go to your room, close the door, and pray to your Father, who is
unseen. And your Father, who sees what you do in private, will
reward you.” (Matthew, 6:5-6
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