Affidavit of adverse claim

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Help in Adverse claim on TCT • (1622 bytes) Posted: 5/27/2005 • 10:18 GMT+8

By: Revstar registered: 11/22/2004 member Philippines

Hi, How can I have an adverse claim on a property cancelled? It was placed there 2001 by the lawyer I previously hired to handle the documentation of the property. I unknowlingly signed an agreement with him that he will get 20% of the properties that he handles for me but our relationship grew sour when I learned of this "deception". I formally "released" him as my lawyer through a letter but he claimed that he is entitled to 20% of the property. He never did the documentation on the property though. My question is there any way to have the adverse claim removed since the 30 day period for the adverse claim has lapsed without having to file in court a cancellation? upon my understanding of PD. 1529 sec. 70 it states: "The adverse claim shall be effective for a period of thirty days from the date of registration. After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest: Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant. " Doesn't this mean I can file a petition to remove it after 30 day period? I consulted another lawyer on this and he gave conflicting views. First he said that it has to be filed in court. Then when I asked him a few months later, he said all it takes is an affidavit from me and then just file it with the Register of Deeds. Now I'm confused. It's been over 4 years that the adverse claim was made and it is only now that I will try to have to removed. Thanks in advance for your help!
	re:Help in Adverse claim on TCT • (3139 bytes) Posted: 5/28/2005 • 01:35 GMT+8	Quote-reply
By: barrister registered: 4/8/2005 member Philippines Quote: Revstar posted on 5/27/2005 | 10:18 I consulted another lawyer on this and he gave conflicting views. First he said that it has to be filed in court. Then when I asked him a few months later, he said all it takes is an affidavit from me and then just file it with the Register of Deeds. Now I'm confused. It's been over 4 years that the adverse claim was made and it is only now that I will try to have to removed.” You correctly cited the applicable law. The annotation of adverse claim may only be removed by court order after a verified petition is filed. However, since Sec. 70, PD 1529 was not well-written, it became subject to different interpretations. So don't be surprised if different opinions are given by different lawyers. Since the cited provision states, "The adverse claim shall be effective for a period of thirty days from the date of registration," the implication is that the adverse claim automatically loses effectivity after the lapse of the 30 day period, without need for a court petition. This issue has alreeady been settled by the Supreme Court in the case of Sajonas vs. CA, G.R. No. 102377 July 5, 1996, which stated: ---------------------- "In construing the law aforesaid, care should be taken that every part thereof be given effect and a construction that could render a provision inoperative should be avoided, and inconsistent provisions should be reconciled whenever possible as parts of a harmonious whole. For taken in solitude, a word or phrase might easily convey a meaning quite different from the one actually intended and evident when a word or phrase is considered with those with which it is associated. In ascertaining the period of effectivity of an inscription of adverse claim, we must read the law in its entirety. Sentence three, paragraph two of Section 70 of P.D. 1529 provides: 'The adverse claim shall be effective for a period of thirty days from the date of registration.' "At first blush, the provision in question would seem to restrict the effectivity of the adverse claim to thirty days. But the above provision cannot and should not be treated separately, but should be read in relation to the sentence following, which reads: 'After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest.' "If the rationale of the law was for the adverse claim to ipso facto lose force and effect after the lapse of thirty days, then it would not have been necessary to include the foregoing caveat to clarify and complete the rule. For then, no adverse claim need be cancelled. If it has been automatically terminated by mere lapse of time, the law would not have required the party in interest to do a useless act." ---------------------- As applicable law and jurisprudence presently stand, it is now a well settled legal doctrine that an adverse claim may be removed only by filing a petition in court. Full text: http://www.lawphil.net/judjuris/juri1996/jul1996/gr_102377_1996.html Sana hindi na confusing ngayon.