Dear PAO,
My wife and I bought a tract of land through Pag-ibig.
Since we were both Overseas Filipino Workers (OFW), I asked my sister-in
law to make the purchase in our behalf.
Accordingly, the title was named after her. Unfortunately, after 3-4
months thereafter, my sister-in-law passed away because of sickness. The
title remains under her name but the original certificate of title is
in our possession. We found out from a reliable source that a relative
of my sister-in-law is planning to get a certified true copy of the
title for the purpose of selling the land. Can that relative sell the
property with the use of a certified true copy of the title?
Bert
Dear Bert,
The
certificate of title of a land is the best evidence to prove ownership
of the named person over a parcel of land described therein. In your
case, if we are to examine the owner’s certificate of title in your
possession, the owner of the parcel of land described therein is your
sister-in-law since she is the person named as the registered owner. As
the registered owner she or her heirs in case of her death may sell or
convey the same to another person. However, if an implied trust is
created between you, your wife and your sister-in-law, the property may
be transferred to your name as the real owners thereof. It is provided
under Article 1453 of the Civil Code that “when property is conveyed to a
person in reliance upon his declared intention to hold it for, or
transfer it to another or to the grantor, there is implied trust in
favor of the person whose benefit is contemplated”. If you are claiming
your right under an implied trust, it is proper to register the said
claim by filing a sworn statement of such claim in the Registry of Deeds
of the place where the property is registered (Section 68, PD. 1529,
otherwise known as the “Property Registration Decree”).
The heirs
of your sister-in-law may sell the property on the basis of hereditary
right being the successors of the deceased if they are to rely upon the
certificate of title. However, the seller cannot register his right
thereto without the presentation of the owner’s duplicate of title,
which is in your possession. The presentation of the owner’s duplicate
of title is necessary in order to register the transactions / dealings
voluntarily entered into by the registered owner in accordance with
Section 53 of the Property Registration Decree. It is still best if you
and your wife could communicate this matter to the heirs of your
sister-in-law. If they have no objections to your claim, they may
execute a deed of conveyance in your favor in order that a title may be
transferred to your name. On the other hand, you have to prove the said
claim based on implied trust in court in case the heirs would opposed
thereto.
source: Manila Times' Column of Atty
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