How to Cancel an Adverse Claim on a Property Title in the Philippines

1. What is an “Adverse Claim” and why would you want it cancelled?

An adverse claim is an annotation on a Torrens title filed by anyone “who claims any part or interest in registered land adverse to the registered owner, arising after the original registration.” Its purpose is to warn the public that someone else is asserting rights over the property. Because it clouds the title, the registered owner (or a transferee, mortgagee, developer, etc.) will often need the annotation removed before he can freely sell, encumber, or develop the land. (RESPICIO & CO.)

2. Legal framework

Source	Key points
§ 70, Presidential Decree (PD) 1529 – Property Registration Decree	• Lists the formal requirements for the affidavit of adverse claim • Gives it prima-facie effect for 30 days from registration • Allows cancellation (a) by written withdrawal of the claimant or (b) by a verified petition of “any interested party” after notice and hearing. (RESPICIO & CO.)
Sajonas v. Court of Appeals, G.R. 102377, 5 July 1996	Supreme Court clarified that an adverse claim is not automatically erased on the 31st day; it remains on the title until validly cancelled in the manner provided by § 70. (Lawphil, NDV Law)
Recent jurisprudence (e.g., Solar v. Rodriguez, G.R. 229408, 18 Nov 2020)	• You cannot register a second adverse claim “based on the same ground” after the first has lapsed or been cancelled. • Courts continue to treat § 70 as a summary, administrative remedy; complex factual issues must still be threshed out in a regular action for reconveyance, quieting of title, etc. (NDV Law)
LRA rules / Citizen’s Charter	Provides the checklist, fees and processing times for (i) recording and (ii) cancelling a notice of adverse claim before the Register of Deeds (RD). (Land Registration Authority)

3. Who may seek cancellation?

The registered owner or other person whose title is burdened.
Any subsequent purchaser, mortgagee, or lessee who needs a clean title.
The adverse claimant himself, if he wishes to withdraw the claim.

4. Three recognised modes of cancellation

Mode	When used	Core documentary requirements	Decision-maker
A. Voluntary withdrawal	Any time before 30 days lapse (or even after)	• Sworn affidavit of withdrawal by the adverse claimant, identifying the entry number and title • Owner’s Duplicate Certificate of Title (ODCT)	Register of Deeds (ministerial)
B. Administrative (summary) cancellation under § 70	After the 30-day life of the annotation if no court action is filed	• Verified petition (sometimes styled “sworn petition”) by an interested party, explaining why the claim is groundless or stale • Proof of service of notice on the adverse claimant • Certified true copy of TCT/OCT	Register of Deeds (after notice & one-day hearing) – appealable via LRA consulta or to the Court of Appeals
C. Judicial cancellation	• The adverse claimant has already filed, or intends to file, a civil action; or • The RD refuses to cancel; or • There are complicated factual issues (fraud, double sale, co-ownership, etc.)	• Petition under § 108 PD 1529 (amendment/cancellation of encumbrances) filed in the proper Regional Trial Court (acting as a land registration court); or • Appropriate main action (quieting of title, reconveyance, specific performance) with a prayer to cancel the adverse claim	Regional Trial Court; judgment annotated on the title upon finality

5. Step-by-step guide to administrative cancellation (the route most owners use)

Gather evidence
- Certified true copy of the title showing the adverse claim.
- Proof that 30 days have elapsed from the date of annotation.
- Supporting documents disproving the claimant’s interest (e.g., deed of sale, payment receipts, final judgment, etc.).

Draft a Verified Petition (Sec. 70 format)

(a) Capacity and interest of petitioner  
(b) Exact entry number and date of the adverse claim  
(c) Facts showing the claim is groundless or has prescribed  
(d) Prayer for cancellation and other reliefs

Serve notice on the adverse claimant at the address stated in his affidavit. Personal service or registered mail will suffice; keep the registry return card or notarised proof of service.
File with the Register of Deeds having custody of the title. Pay the docket/entry fee (typically ₱ 550–₱ 800, plus legal research fund). (Land Registration Authority)
RD sets a summary hearing (often 15 days after filing).
- If the claimant appears and objects, both sides are heard briefly; if the facts are disputed the RD will usually refer the matter to the Land Registration Authority or tell the parties to go to court.
- If the claimant fails to appear or files no opposition, the RD may grant the petition on the same day.
Order of cancellation is issued; the annotation on both the original copy (in the RD) and the ODCT is stamped “CANCELLED”, with a new entry number.
Secure a new Certified True Copy showing a clean Encumbrances page.

6. Common defences or obstacles

Obstacle	How to address it
Claimant filed a civil case within the 30-day window	The adverse claim stays until final judgment; you must litigate, then enforce the judgment cancelling the annotation.
Claimant refuses to receive notice	Serve by registered mail at the stated address and keep the registry return card; due process is satisfied.
RD refuses to act	File a consulta under § 117 PD 1529 to the LRA Administrator, or go straight to an RTC petition under § 108.
Second adverse claim filed on same ground	Cite § 70 and Solar v. Rodriguez; move to expunge as prohibited double filing. (NDV Law)

7. Practical pointers

Check the effectivity – An adverse claim annotated years ago but never cancelled is still a cloud on the title; rely on Sajonas v. CA.
Voluntary withdrawal is fastest – Consider offering to reimburse filing fees or settle with the claimant.
Keep the ODCT pristine – The RD cannot cancel unless the owner’s duplicate is surrendered for stamping.
Use the right remedy – If what you really need is to cancel a lis pendens, mortgage, or sheriff’s levy, follow the specific rules for those encumbrances, not § 70.
After cancellation, update tax records and HOA clearances; banks and buyers will ask for an updated CTC.

8. Frequently-asked questions

Question	Short answer
Does the 30-day period ever “freeze” while a case is pending?	Yes. If the adverse claimant files suit within the 30 days, the annotation remains until the case is terminated. (NDV Law)
Can the RD cancel motu proprio after 30 days?	No. The RD still needs a petition and due process; automatic cancellation would violate Sajonas v. CA. (Lawphil)
Can I annotate another adverse claim after my first was denied?	Only if it is based on a different factual ground; the law bars a second claim on the same basis. (NDV Law)
Is there a prescriptive period to file the cancellation petition?	None under § 70, but delays may amount to laches; the longer you wait, the harder it is to convince buyers or lenders.

9. Templates & fees (indicative)

Document	Where to get	Typical fee
Verified Petition (one-page template)	LRA or any RD front desk	Free
Notarisation	Any notary	₱ 200–₱ 500
Filing / annotation fee	RD cash-section	~₱ 550 + ₱ 30 legal research fund
Certified true copy after cancellation	RD	₱ 335 per title

(Figures are based on 2024 LRA Citizen’s Charter; local RDs may add small surcharges.) (Land Registration Authority)

10. Key take-aways

Cancellation is never automatic – you must invoke one of the three modes and observe due process.
Start with the RD if the claim is stale and undisputed; go to court only when factual issues require full litigation.
Time is money – the longer a spurious adverse claim stays, the weaker market confidence in your title. Act promptly.

This article is for general guidance only and is not a substitute for personalised legal advice. If large sums, co-ownership, or estate issues are involved, consult a Philippine real-estate lawyer or the Land Registration Authority.