Sample Letter or Affidavit for Excluding Excess Land in Title in the Philippines

Introduction

In the Philippine legal system, land ownership is primarily governed by the Torrens system of land registration, as codified under Presidential Decree No. 1529 (PD 1529), also known as the Property Registration Decree. This system ensures indefeasible titles, but discrepancies can arise, such as when a certificate of title (e.g., Original Certificate of Title or Transfer Certificate of Title) includes an area larger than what the owner actually possesses or is entitled to. This "excess land" may result from survey errors, boundary overlaps, accretion issues, or historical inaccuracies in land records.

Excluding excess land from a title involves formally relinquishing claim over the surplus portion to correct the title's technical description and area. This process is crucial to avoid disputes, ensure compliance with laws like the Comprehensive Agrarian Reform Law (Republic Act No. 6657, as amended), prevent tax liabilities on unowned land, and facilitate transactions such as sales or mortgages. Failure to address excess land can lead to legal challenges, including reversion suits by the government if the excess is deemed public land.

The primary documents used in this process are affidavits or letters, which serve as sworn statements or formal requests. These are often submitted to agencies like the Register of Deeds (RD), Land Registration Authority (LRA), Department of Environment and Natural Resources (DENR), or courts. This article provides a comprehensive overview, including definitions, legal foundations, procedures, potential risks, and sample templates tailored to Philippine jurisprudence and practice.

Definition and Causes of Excess Land in Titles

What is Excess Land?

Excess land refers to the portion of a parcel described in a land title that exceeds the actual area surveyed, possessed, or legally owned by the title holder. For instance, if a title states 10,000 square meters but a recent survey shows only 8,000 square meters under the owner's control, the 2,000 square meters difference is "excess." This excess may be:

Adjacent public land: Unclaimed portions that were erroneously included.
Overlapping with neighboring titles: Due to boundary disputes.
Result of natural changes: Such as erosion or accretion under Article 457 of the Civil Code, where land added by natural forces might not be automatically titled.

In contrast, "deficient land" occurs when the titled area is less than actual, which requires a different correction process.

Common Causes

Survey Errors: Historical surveys using outdated methods (e.g., pre-GPS era) often led to inaccuracies.
Administrative Oversights: During land registration or subdivision, clerical errors in the RD or DENR.
Historical Land Grants: Titles from Spanish-era or American colonial periods may include unverified excesses.
Boundary Disputes: Overlaps with adjacent lots, especially in rural or agricultural areas.
Agrarian Reform Implications: Under RA 6657, excess beyond retention limits (e.g., 5 hectares per landowner) must be excluded or distributed.
Tax Assessment Discrepancies: BIR or local assessors identifying mismatches during property valuations.

Legal Basis

The exclusion of excess land is rooted in several Philippine laws and regulations:

PD 1529 (Property Registration Decree): Sections 48 and 108 allow for the amendment or correction of titles. Substantial changes (e.g., area reduction affecting boundaries) require judicial approval, while minor ones may be administrative.
Civil Code of the Philippines (RA 386): Articles 428-457 govern ownership and accretion. Excess land not formed by accretion may be considered not part of the owner's domain.
RA 6657 (Comprehensive Agrarian Reform Law, as amended by RA 9700): Mandates exclusion of excess agricultural land for redistribution to beneficiaries.
DENR Administrative Orders: Such as DAO 2007-29, which outlines procedures for survey corrections and title amendments.
Jurisprudence: Supreme Court cases like Republic v. CA (G.R. No. 100709, 1993) emphasize that excess land in titles reverts to the public domain if not proven as private property. In Heirs of Malabanan v. Republic (G.R. No. 179987, 2013), the Court clarified requirements for confirming imperfect titles, indirectly affecting excess exclusions.

Corrections must not prejudice third parties and require due process, including publication and notices to adjacent owners.

Procedure for Excluding Excess Land

The process typically involves the following steps:

Verification and Survey:
- Engage a licensed geodetic engineer to conduct a relocation or subdivision survey to confirm the excess.
- Obtain a certified technical description from DENR's Land Management Bureau (LMB).
Preparation of Documents:
- Execute an affidavit or letter declaring the excess and waiving claims over it.
- Gather supporting evidence: original title, tax declarations, survey plans, and proofs of ownership (e.g., deeds of sale).
Filing:
- Administrative Route: For non-controversial cases, file with the RD or DENR for annotation. Requires LRA approval.
- Judicial Route: File a petition for amendment under Rule 108 of the Rules of Court in the Regional Trial Court (RTC) where the land is located. This is mandatory if the excess affects boundaries or third-party rights.
- Publish notices in newspapers and notify stakeholders (e.g., adjacent owners, DAR if agricultural).
Approval and Annotation:
- Upon approval, the RD annotates the title to exclude the excess, issuing a new title if necessary.
- Pay fees: Survey costs (PHP 5,000–20,000), filing fees (PHP 1,000–5,000), and publication (PHP 10,000+).
Post-Approval:
- Update tax records with the Assessor's Office and BIR.
- If excess is public land, it may revert to DENR for disposition.

Timeline: Administrative processes take 3–6 months; judicial ones, 1–2 years or more.

Risks and Consequences

Legal Risks: Unaddressed excess can lead to reversion suits by the Solicitor General, nullifying the title portion.
Financial Implications: Overpayment of real property taxes (Amilyar) on excess; potential fines for non-compliance.
Third-Party Claims: Adjacent owners or squatters may claim the excess via adverse possession (30 years under Article 1137, Civil Code).
Agrarian Issues: Failure to exclude excess may trigger DAR expropriation.
Transaction Hurdles: Banks or buyers may refuse deals on titles with discrepancies.

To mitigate, consult a lawyer specializing in land law and ensure all documents are notarized.

Sample Documents

Below are sample templates based on standard Philippine legal formats. These are for illustrative purposes only; consult a lawyer for customization. All affidavits must be subscribed before a notary public.

Sample Affidavit for Exclusion of Excess Land

REPUBLIC OF THE PHILIPPINES)
PROVINCE OF [Province]) S.S.
CITY/MUNICIPALITY OF [City/Municipality])

AFFIDAVIT OF EXCLUSION OF EXCESS LAND

I, [Full Name of Affiant], of legal age, [civil status], Filipino, and a resident of [Complete Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am the registered owner of a parcel of land covered by Transfer Certificate of Title No. [TCT/OCT Number], issued by the Register of Deeds of [Province/City], with a total area of [Titled Area, e.g., 10,000] square meters, more or less, located at [Lot Location, Barangay, Municipality, Province].
That upon a recent survey conducted by [Name of Geodetic Engineer], Licensed Geodetic Engineer, with License No. [License No.], it was determined that the actual area in my possession and ownership is only [Actual Area, e.g., 8,000] square meters, resulting in an excess area of [Excess Area, e.g., 2,000] square meters.
That the excess area described as [Technical Description of Excess, e.g., bounded on the North by Lot 1234, etc.] is not part of my property and may be public land or belonging to adjacent owners.
That I hereby waive any and all claims, rights, and interests over the said excess area and request its exclusion from my title to reflect the correct area and boundaries.
That this affidavit is executed to support my petition for amendment of title before the [Court/RD/DENR] and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] day of [Month], [Year] at [City/Municipality], Philippines.

[Signature of Affiant]
[Full Name of Affiant]
Affiant

SUBSCRIBED AND SWORN to before me this [Date] day of [Month], [Year] at [City/Municipality], Philippines, affiant exhibiting to me his/her [ID Type, e.g., Driver's License No. XXXXX issued on [Date] at [Place]].

[Signature of Notary Public]
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].

Sample Letter Request for Exclusion of Excess Land

[Your Name]
[Your Address]
[City, Province, ZIP Code]
[Date]

The Register of Deeds
[RD Office Address]
[City, Province]

Subject: Request for Exclusion of Excess Land from TCT/OCT No. [Title Number]

Dear Sir/Madam:

I am writing to formally request the exclusion of excess land from my certificate of title, as detailed below:

Property Details:
- Title No.: [TCT/OCT Number]
- Registered Owner: [Your Name]
- Location: [Lot Address]
- Titled Area: [Titled Area] square meters
- Actual Area: [Actual Area] square meters
- Excess Area: [Excess Area] square meters
Basis for Request: Enclosed is a survey plan prepared by [Engineer's Name] showing the discrepancy, along with my Affidavit of Exclusion.
Supporting Documents:
- Certified copy of title
- Tax declaration
- Survey plan and technical description
- Proof of payment of fees

I kindly request annotation of the title to exclude the excess and issuance of an amended title. Please advise on any additional requirements.

Thank you for your assistance.

Sincerely,

[Your Signature]
[Your Name]
Contact No.: [Phone]
Email: [Email]

Additional Considerations and Tips

Notarization and Authentication: All documents must be notarized; if filed abroad, authenticate via Philippine Consulate.
Costs: Budget for survey (PHP 10,000+), legal fees (PHP 20,000+), and court fees.
Professional Assistance: Engage a lawyer from the Integrated Bar of the Philippines (IBP) and a DENR-accredited surveyor.
Common Pitfalls: Avoid self-representation in court; ensure no pending disputes on the excess.
Related Processes: If excess is due to subdivision, combine with a subdivision approval from HLURB (now DHSUD).
Updates in Law: Monitor amendments to land laws, as reforms under recent administrations emphasize digitalization of titles via the LRA's Land Titling Computerization Project.

This covers the essentials of excluding excess land in Philippine titles. For specific cases, always seek tailored legal advice to comply with evolving regulations.

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