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This claim serves as a protective measure for individuals who believe they have rights to a property officially registered under someone else's name. This can be done by submitting an Affidavit of Adverse Claim to the Registry of Deeds asserting the following: 

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1. The alleged right or interest of the claimant;
2. Basis of the right or interest. This refers to written instruments such as a Deed of Sale, Contract to Sell, Real Estate Mortgages, and other contracts or agreements showing how such alleged right or interest is acquired. 
3. The description of the property in which the right or interest is claimed; 
4. Name of the registered owner; and 
5. Number of the certificate of title.

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Once the Registry of Deeds finds the Affidavit sufficient, it will proceed to annotate the Adverse Claim to the certificate title of the subject property. Through this, third parties will be apprised that someone else is claiming a right or an interest over the property.  The adverse claim shall be effective for thirty (30) days from the date of registration. Within this period, the claimant can still withdraw his adverse claim.

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After the lapse of this period, the annotation will only be canceled upon filing of a verified petition before the court where the land is situated. Otherwise, if the Adverse Claim is found to be invalid, the registration thereof shall be canceled. 

The facts alleged in the Affidavit must be factual and truthful. If the Affidavit is found to be false and frivolous, the claimant may be fined by the Court in an amount not less than One Thousand Pesos (PhP1,000.00) nor more than Five Thousand Pesos (PhP5,000.00) in its discretion. 

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An Adverse Claim is not a manner of acquiring or transferring property ownership. Notwithstanding such fact, it is a crucial tool in preserving the claimant’s rights and interests over the property and preventing any unfair sale, transfer, or encumbrances. 

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in drafting and filing an Adverse Claim, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as drafting, notarization, as well as assistance in filing an Adverse Claim in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.