Can Tax Declaration Be Used as Evidence of Land Ownership

Does Tax Declaration Mean You Own the Lot Property

There are a lot of misconceptions when it comes to owning a property in the Philippines. One of them is holding a tax declaration document proving you own the house and lot, land property, or condominium unit. This is not true and should be corrected so that you can get the right document that would say you have the right to the property you possess. And that document that will prove your ownership of any property is the title itself.

What Is Actual Possession of Land in PH

One cannot say that they own a property by merely showing a tax declaration under their name. A tax declaration document is only prima facie evidence wherein it doesn’t prove ownership of any property. In other words, it’s not conclusive proof of ownership of a lot, house, or condo. The title of a property or lot is still the best proof that you own it legally. However, there are simple ways to make the property officially yours by providing a few requirements.

For instance, you need the tax declaration and possession of property to have a legal claim. The possession of property refers to the years of residence in the property. According to the DENR, you need at least 10 years of residence in that land so that you can apply for a title. If you only have a tax declaration, make sure to process the ownership so you can say that you are the rightful owner of the property.

Modesto Palali vs Juliet Awisan

There is a classic example of this case, the Modesto Palali vs Juliet Awisan, G.R. 158385 land dispute. During the hearing, two individuals were holding a tax declaration for the same property. The one who won the case was the person having possession of the property. So if ever you found another person claiming the same property, your advantage would be the possession of land.

Remember that if you don’t have a property title, you need to provide two important documents – a tax declaration and possession of property. These two documents are the only pieces of evidence that you need to submit in case you want to get a title for the property. You can proceed to the Register of Deeds to get a new title for the land property or house and lot where you are currently residing.

Final Thoughts

A tax declaration is not enough proof of land ownership in the Philippines. You need the property title to say that the land or property belongs to you and yours only. For those who want to apply for a new land title, you need the tax declaration and possession of property. If you’re selling a property, you can register at www.reals.ph and click the List A Property button on the home page so that our real estate agents can start promoting it to potential buyers.