Discovering that an individual has been fraudulently added as a co-owner to your land title is a serious threat to your property rights. In the Philippines, the Torrens system of land registration is designed to provide stability and indefeasibility to titles; however, it is not a shield for fraud. If a name was inserted through forgery, deceit, or unauthorized means, the law provides specific remedies to "clean" the title.
1. The Principle of Indefeasibility vs. Fraud
Under the Torrens System (enforced by Presidential Decree No. 1529, or the Property Registration Decree), a certificate of title serves as conclusive evidence of ownership. Generally, after one year from the date of entry of the decree of registration, the title becomes "indefeasible" or incontrovertible.
The Exception: Fraud. While a title is strong, it is not a tool for injustice. If a co-owner was added through actual fraud (e.g., forged signatures on a Deed of Sale or Extrajudicial Settlement), the aggrieved party has the right to seek legal redress.
2. Available Legal Remedies
Depending on when the fraud was discovered and the current status of the title, several judicial actions can be pursued:
A. Petition for Review of Decree
If the fraudulent registration happened recently, you may file a petition in court to reopen and review the decree of registration.
- Condition: Must be filed within one year from the date of the entry of the decree.
- Ground: Actual fraud.
B. Action for Reconveyance
If the one-year period has expired, the most common remedy is an Action for Reconveyance. This does not aim to "shatter" the Torrens title but seeks to compel the fraudulent party to transfer the property (or their "share") back to the rightful owner.
- Prescription: Generally 10 years from the issuance of the title if based on an implied trust (fraud). However, if the registration is void ab initio (e.g., the signature was totally forged), the action is imprescriptible—meaning it does not expire.
C. Annulment of Title / Cancellation of Entry
If the co-ownership was based on a forged document (like a falsified Deed of Donation or Sale), you can file a civil case for the Annulment of the Deed and Cancellation of the Certificate of Title.
3. The Burden of Proof
In Philippine jurisprudence, fraud is never presumed; it must be proven by clear and convincing evidence. To remove a fraudulent co-owner, you will likely need:
- Handwriting Experts: If forgery is involved, the National Bureau of Investigation (NBI) or PNP Crime Lab may be tapped to prove the signature on the conveyance document is fake.
- Notarial Discrepancies: Evidence that the document was never notarized by a commissioned notary public or that the parties never appeared before one.
- Proof of Sole Ownership: Tax declarations, older versions of the title, and proof of exclusive possession.
4. The "Innocent Purchaser for Value" Rule
A significant hurdle in these cases is the presence of a third party. If the fraudulent co-owner has already sold their "share" to someone else, that buyer might be protected if they are an Innocent Purchaser for Value (IPV).
- If the buyer acted in good faith and relied solely on the face of the title, you may not be able to recover the land from them.
- In such cases, your remedy shifts to an Action for Damages against the person who committed the fraud.
5. Procedural Steps to Take
| Step | Action | Purpose |
|---|---|---|
| 1 | File an Adverse Claim | Immediately register an Affidavit of Adverse Claim with the Register of Deeds to warn the public of your claim. |
| 2 | Obtain Certified Copies | Secure the "Certified True Copy" of the title and the "Supporting Documents" (Deeds) from the Register of Deeds. |
| 3 | File a Civil Case | Engage a lawyer to file a complaint for Reconveyance or Annulment in the Regional Trial Court (RTC). |
| 4 | Notice of Lis Pendens | Request the court to annotate a "Notice of Lis Pendens" on the title to prevent the fraudulent owner from selling the property while the case is pending. |
Summary
Removing a fraudulent co-owner is a judicial process; you cannot simply ask the Register of Deeds to "erase" a name. It requires a court order declaring the entry void. Because land disputes are technical and involve strict prescriptive periods, immediate action is vital to prevent the property from being transferred to an innocent third party.
Note: Criminal charges for Falsification of Public Documents (under the Revised Penal Code) can often be filed alongside the civil case to hold the perpetrator accountable.
Would you like me to draft a sample "Affidavit of Adverse Claim" or a list of specific documents you'll need to gather for your lawyer?