1) Start with the right framing: what “title still in your name” usually means

In the Philippines, most privately owned lands are covered by the Torrens system (Transfer Certificate of Title or Condominium Certificate of Title). As a general rule, a “sale” of titled land becomes enforceable against third persons only when properly registered with the Register of Deeds (RD), because registration is the operative act that binds the land and results in the issuance of a new title in the buyer’s name.

So if the title is still in your name, the situation usually falls into one (or more) of these realities:

A deed of sale exists but is unregistered (e.g., buyer hasn’t completed requirements or can’t register because they don’t have your owner’s duplicate title).
A deed of sale was forged or simulated (you never signed it, or you were made to “sign” through fraud).
Someone sold the property pretending to be you (identity fraud).
A co-owner/heir/agent sold beyond authority (unauthorized disposition).
A tax declaration or assessor’s records were changed and someone is claiming ownership even without a title transfer (common in scams).

Your goal is to (a) confirm what exists on record, (b) stop any attempt to register, (c) secure possession and documents, and (d) pursue the correct civil/criminal remedies.

2) Immediately verify the land records (don’t rely on screenshots or verbal claims)

A. Get the Certified True Copy (CTC) of your title from the Register of Deeds

Go to the RD where the land is registered and request:

Certified True Copy of the TCT/CCT
The encumbrance page(s) (annotations)
If available: the RD’s Primary Entry Book reference / entry number for any recent presentation of documents

Why: Scammers often show fake “titles” or claim they already transferred ownership. The RD copy is the best starting truth for the title status.

B. Check if there are “red flag” annotations

Look for annotations such as:

Adverse claim
Notice of lis pendens
Real estate mortgage
Levy, attachment, writs
Court orders
Deeds affecting the land
Loss of owner’s duplicate / petition affecting title

If you see anything unfamiliar, get certified copies of the annotated documents referenced.

C. Check the Assessor’s Office and Treasurer’s Office (tax records)

Request:

Tax Declaration history
Name of the declared owner
Payment history of real property taxes (RPT)
Who has been paying, and since when

Important: A tax declaration is not a title; it’s not conclusive proof of ownership. But it can show who is asserting possession/claim and can be used as evidence of a hostile claim or a brewing dispute.

D. If the “sale” involves an allegedly notarized deed, verify the notary details

If you can obtain a copy of the deed:

Check the notary’s name, commission, notarial register details, and notarization date.
Ask for verification of the notarial entry (or through counsel). Notarization issues can be pivotal, especially if you never appeared before the notary.

3) Secure what you already have: the owner’s duplicate title and your identity documents

A. Protect the owner’s duplicate certificate (the one in your possession)

For registered land, registration of a sale typically requires surrender of the owner’s duplicate title. If you still have it, that often prevents an ordinary registration of a forged deed.

Do this now:

Store the owner’s duplicate in a secure place (safe deposit box if possible).
Do not hand it to anyone “for verification,” even a “fixer,” broker, or supposed buyer.

B. If your owner’s duplicate title is missing: act as if you’re on fire

If it’s lost, stolen, or possibly taken:

Execute an Affidavit of Loss
Report to the police / blotter
Consult counsel promptly on a petition in court for issuance of a new owner’s duplicate (the procedure is court-supervised because it affects title security)

A missing owner’s duplicate makes fraudulent registration much easier.

4) Decide which scenario you’re in, because the remedies differ

Scenario 1: There is no annotation and the RD title is “clean,” and the title is still in your name

This strongly suggests:

The supposed buyer has not registered any deed, or
The claim is based only on private documents or tax declarations, or
The buyer is trying to pressure you into surrendering the title.

Practical strategy: Build a record, secure evidence, and prepare to file for injunction and declaration of nullity if a forged deed exists.

Scenario 2: There is an annotation (adverse claim/lis pendens/mortgage/other) tied to a “sale” or claim

This means a document has already been presented/registered in some form. You need:

Certified copies of the instrument(s)
A legal plan to remove/cancel the annotation and/or attack the underlying instrument

Scenario 3: Someone is in possession (occupying, fencing, leasing, building)

Possession changes the urgency and the type of cases you may need:

Forcible entry / unlawful detainer (if applicable)
Accion publiciana (recovery of possession)
Accion reivindicatoria (recovery of ownership + possession)
Injunction (to stop construction/alienation)

5) Immediate protective actions you can take

A. Document everything (this matters more than people expect)

Create a file containing:

CTC of title and annotations
Tax records
Photos/videos of the property (date-stamped if possible)
Names, numbers, messages, demand letters, “offers,” threats
Copies of any deed, SPA, IDs used, broker materials

If you later file civil/criminal cases, timeline + documents is leverage.

B. Send a written denial and demand (through counsel if possible)

If someone claims they bought from you, a formal letter can:

Put them on notice of your denial
Demand copy of the deed and supporting documents
Demand they stop representing ownership
Warn against registration attempts

This helps show good faith and can support claims for damages and injunction.

C. Consider filing a case early to enable a Notice of Lis Pendens

A notice of lis pendens (once a case affecting the land is filed) is one of the most effective ways to warn the public and block clean resale while litigation is pending. It alerts future buyers/lenders that the property is in dispute.

D. Seek an injunction (TRO / preliminary injunction) when there’s imminent danger

If there’s a real risk they will:

Attempt registration,
Dispose of the property,
Build or alter the land,
Harass occupants or tenants,

you may ask the court for injunctive relief to preserve the status quo.

6) Civil cases commonly used in this situation

The right civil case depends on what you discover. These are the common ones:

A. Declaration of Nullity of Deed of Sale (when you did not sign / forgery / simulated sale)

If your signature was forged or you never consented, the “sale” can be attacked as void. A void contract produces no legal effect.

Reliefs typically include:

Declaration that the deed is void
Cancellation of any annotation based on it
Injunction
Damages (in appropriate cases)

B. Quieting of Title / Removal of Cloud

If false documents or claims create a “cloud” on your title, an action to quiet title can be used to remove that cloud and affirm your ownership.

C. Cancellation of Annotation(s)

If someone managed to annotate an adverse claim or other instrument, you may seek judicial cancellation if it is baseless or anchored on void documents.

D. Recovery of Possession (if someone occupies)

Depending on facts and timing:

Forcible Entry (possession taken by force/intimidation/strategy/stealth)
Unlawful Detainer (possession was lawful at first but became illegal after demand)
Accion publiciana (better right to possess)
Accion reivindicatoria (ownership + possession)

E. Damages

Possible damage theories include:

Actual damages (lost income, restoration costs)
Moral damages (in proper cases, e.g., bad faith, harassment)
Exemplary damages (when conduct is wanton)
Attorney’s fees (in limited circumstances)

7) Criminal and administrative complaints that may apply

If the “sale” was done without your knowledge, there may be criminal liability—especially when documents are forged.

A. Falsification of public document / private document and use of falsified document

A notarized deed is often treated with the weight of a public document. If it was falsified, criminal liability may attach to:

The forger
The person who caused falsification
Anyone who knowingly used the falsified document

B. Estafa (fraud)

If someone defrauded a buyer using your property, or defrauded you by pretending authority/identity, estafa may apply depending on the scheme.

C. Notary public accountability

If the deed was notarized without your personal appearance or with irregularities, you may pursue:

Administrative complaint against the notary (possible revocation of commission)
If the notary is a lawyer, disciplinary proceedings may be implicated

D. Real estate broker/agent issues

If licensed brokers were involved in a dubious transaction, there may be liability under professional regulations, depending on participation and knowledge.

Why file criminal/admin cases? They can pressure disclosure of the real perpetrators, deter further acts, and support your civil claims—though they have different burdens of proof and timelines.

8) Prescription and timing: why you should not delay

Even if your title is still in your name, delay can create complications:

Evidence becomes harder to obtain (notarial records, witnesses)
Possession can shift and harden into a stronger factual position for the other side
Fraudsters can attempt new filings (SPAs, court petitions, “lost title” stories)
Litigation posture worsens without early documentation

Some actions involving void instruments are treated differently from actions based on implied trust or reconveyance theories. Because prescription rules can be technical and fact-specific, the safest approach is: act early, document early, file when needed.

9) A practical “first 7 days” checklist

Get CTC of title + encumbrances from RD.
Secure owner’s duplicate title (confirm it is physically with you).
Get certified copies of any suspicious annotations/instruments.
Check tax declaration + RPT payments at Assessor/Treasurer.
Obtain copy of the alleged deed (from claimant, RD references, or elsewhere).
Verify notary details if a notarized deed exists.
Send a formal written denial/demand (preferably through a lawyer).
If there’s active threat (registration attempt/possession/building): prepare injunction + lis pendens strategy.
If forgery/fraud is evident: prepare criminal complaint with supporting documents.

10) Common scam patterns to watch for (and how to respond)

“We already bought it—just hand over the title so we can transfer it.”

If you didn’t sell it, do not surrender anything. Demand:

Copy of deed
IDs used
Proof of payment
Notarization details
Authority documents (if “agent”)

“Your title is fake / ours is the real one.”

Only the RD’s certified copy controls. Competing “titles” often indicate forgery.

“We’ll file a case to compel you to surrender the title.”

They might try. That’s why early legal action and documentation matters.

“We paid taxes so we own it now.”

Paying taxes does not defeat a Torrens title by itself.

11) Prevention after you stabilize the situation

Keep the owner’s duplicate title secure.
Periodically request an RD CTC (especially if threatened).
Avoid giving copies of IDs or signatures casually.
Be cautious with SPAs; limit scope, duration, and require strict identification.
If you inherit property, settle and register correctly; unsettled estates invite fraudulent “sales.”

12) When you should get a lawyer immediately (not later)

You find a forged deed, SPA, or a suspicious notarized document.
There is any annotation you didn’t authorize.
Someone is occupying/building or threatening to fence/lease/sell.
Your owner’s duplicate title is missing.
You’re receiving formal demands, threats, or you learn of an impending RD filing.

Key takeaway

If your land was “sold” without your knowledge but the title is still in your name, you may be in a strong position—but only if you move quickly: verify RD records, secure the owner’s duplicate title, collect certified copies, and use the appropriate combination of civil actions (nullity/quieting/cancellation/injunction) plus criminal or administrative complaints when forgery/fraud is involved.

This article is for general informational purposes and is not legal advice; for a strategy tailored to your facts and documents, consult a Philippine lawyer experienced in property litigation and land registration.