Dear PAO,  

I am the sole heir of my deceased mother, and I inherited her house and lot, which had served as our ancestral home for over 30 years. I was able to transfer the property in my name. However, my aunt, or my mother’s biological sister, presented the receipts of tax declaration, claiming that the house and lot had been donated to her sometime in 2023 and that she had been paying the real property taxes (amilyar) since then. However, she presented no deed of donation or any document evidencing the said donation. Who holds a better right over the land?    

Kreji

Dear Kreji,

The facts you have stated reveal that you may have the better right over the land since your ownership thereto is protected by the Torrens system.

In Miguela Quitalig v. Eladio Quitalig, GR 207958, Aug. 4, 2021, penned by Associate Justice Samuel Gaerlan, the Supreme Court explained that Torrens Title is evidence of indefeasible title to property in favor of the person in whose name the title appears, saying:

“Age-old is the rule that a Torrens title is evidence of indefeasible title to property in favor of the person in whose name the title appears. It is a conclusive evidence with respect to the ownership of the land described therein. Compared with a tax declaration, which is merely an indicium of a claim of ownership, a Torrens title is a conclusive evidence of ownership.

“Eladio never questioned the existence of a Torrens title under Miguela’s name. In fact, what he averred as a defense was that the subject land is not a part of the landholding of Miguela, which he miserably failed to prove considering there is not an iota of evidence to establish such claim. Basic is the rule that in civil cases, the party making allegations has the burden of proving them by a preponderance of evidence.

“The case being for recovery of possession, the issue to be resolved is who has the better right to possess the property. It has been settled that the titleholder is entitled to all the attributes of ownership of the property, including possession. The person who has a Torrens title over a land is entitled to possession thereof. xxx  

“This Court begs to differ with the CA. The tax declaration of Bonifacio which Eladio presented as proof of his defense and considered by the CA as adequate to have proven that the real owners of the land are the heirs of Bonifacio, does not support his claim that the former is the owner of the land and that the same land is not included in the land acquired by Miguela from Paz. To reiterate, a tax declaration is not a proof of ownership but a mere proof of a claim of ownership.”  

Thus, as a titleholder, you are entitled to all the attributes of ownership of the land you rightfully inherited from your late mother. Having the property registered under your name creates an indefeasible title which cannot be overthrown by a mere tax declaration and/or an allegation of a prior donation.

We hope that we were able to answer your queries. This advice was 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 [email protected]