Dear PAO,
I would like to buy the land of Jose but upon scrutiny of his title, I discovered that there was an annotated adverse claim on it. Jose persuaded me to proceed with the sale and not to worry about the adverse claim because it will expire after the lapse of thirty days. I do not want to buy the land if problem may arise from this claim. Is he correct?
Carmel
Dear Carmel,
Adverse claim is specifically governed by Section 70 of Presidential Decree (PD) 1529 or the Property Registration Decree which provides that:
“Whenever 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.
“The statement shall be signed and sworn to, and shall state the adverse claimant’s residence, and a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim on the certificate of title. The adverse claim shall be effective for a period of thirty days from the date of registration. After the lapse of said period, the annotation of adverse claim may be canceled upon filing of a verified petition therefor by the party in interest: Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant. xxx”
In Heirs of Henson vs. Don Pepe Henson Enterprises, Inc., GRs 265172 & 265872, Nov. 18, 2025, the Supreme Court, speaking through Honorable Associate Justice Antonio T. Kho Jr., stated that:
“An adverse claim is a type of involuntary dealing designed to protect the interest of a person over a real property by apprising third persons that there is a controversy over its ownership. The purpose of annotating an adverse claim on a title is to preserve and protect the right of the adverse claimant/s during the pendency of the controversy where registration of such interest or right is not otherwise provided for by P.D. No. 1529. The validity or efficaciousness of an adverse claim may only be determined by the court upon petition by an interested party, in which event, the court shall order the immediate hearing thereof and make the proper adjudication as justice and equity may warrant. And, it is only when such claim is found unmeritorious that the registration of the adverse claim may be cancelled. The burden of proof is on the adverse claimant/s to show that his/her/ their adverse claim over the subject property is meritorious.”
Applying the above-quoted decision to your situation, the adverse claim annotated on the title of Jose is designed to apprise third persons, such as yourself, that there is a controversy over the ownership of the property and to protect the interest of the adverse claimant. Despite the provision in the law that an adverse claim is effective for 30 days, the lapse of such period does not automatically invalidate the adverse claim. Its validity and effect remains in force until a verified petition for its cancellation is filed and decided by a court of competent jurisdiction. Consequently, Jose’s advice is not legally sound.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
