There are instances where there is an error or mistake in the name of the owner reflected on the condominium title or land title. The usual errors are: missing middle name, incorrect middle name. In this case the owner of record whose name is reflected on the condominium title or land title or the heirs may petition the court for the correction of title under Section 108 of P.D. No. 1529, otherwise known as the Property Registration Decree, which provides that “no erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the Register of Deeds, except by order of the proper Court of First Instance.”
It is cautioned however, that the petition can only be granted if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest; otherwise the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs. (Tangunan et al. v. Republic of the Philippines, G.R. No. L-5545, December 29, 1953).
Here are the points to consider when correcting a land or condominium title:
How can I amend the information in the title?
A land title or condominium title can only be amended through a court order in a direct proceeding. A petition for amendment must be filed in the appropriate court.
What are the valid grounds for a petition for amendment of title?
The following are the valid grounds in filing for a petition for amendment:
- There is a new interest that needs to be reflected on the title instrument
- An interest reflected on the title has already ceased
- There is an error or omission in the information on the title
- The name of the registered owner has changed
- The registered owner has married
- The marriage of the registered owner has dissolved
- The Corporation has dissolved and the property is not yet conveyed within 3 years after dissolution
- Other corrections or amendments as long as no third persons are prejudiced
Considering the difficulty and the expense involved in the correction of title, it is essential that your title transfer service provider is knowledgeable in the title transfer. Your title transfer service provider will ensure that your files and/or paperwork are not only complete but also correct. This means consistency in all your paperwork filed with the government, from deed of sale, certificate authorizing registration, to land title or condominium title and to your new tax declaration.
You need a Philippine lawyer in filing such a petition. Let FILEDOCSPHIL’s lawyers help you. CLICK HERE for a free quote.