09/07/2026
The importance of having your property Titled over owning a piece of land in a Tax Declaration.💕🫰
SUPREME COURT HOLDS TORRENS TITLE PREVAILS OVER TAX DECLARATION IN RECOVERY OF POSSESSION CASE
The Supreme Court (SC) ruled that a Torrens title prevails over a tax declaration in determining the better right to possess real property, reiterating that a certificate of title constitutes conclusive evidence of ownership, while a tax declaration is merely an indicium of a claim of ownership.
"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...
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... To reiterate, a tax declaration is not a proof of ownership but a mere proof of a claim of ownership."
-GAERLAN, J.
Supreme Court, Second Division
August 4, 2021.
READ: [https://dlsurf.com/l/z2n6q0q]
