ii. Practice areas
Land & property
Land titles, real estate contracts, ejectment, inheritance, expropriation and agrarian reform.
Land and houses are often a family's most important property. These are the land and property matters we handle.
Land titles
A land title shows who owns the land and what claims or burdens are recorded on it. Problems with a title, such as a lost owner's copy, a wrong entry or an old annotation, can stop a sale, a loan or a settlement among heirs. We assist owners in checking titles and in the administrative or court remedies that fix them.
How we can help
- Checking a title at the Registry of Deeds (annotations, liens, mortgages and the registered owner)
- Transfer of the title and tax declaration after a sale, donation or settlement of estate
- Lost owner's duplicate copy of a title (petition for a new owner's duplicate)
- Reconstitution of a lost or destroyed original title
- Correction or amendment of entries in a title
- Cancellation of annotations; adverse claims and notices of lis pendens
- Titling of land that has no title yet
How it usually proceeds
- Records check. We get a certified true copy of the title and the related records, and compare them with the owner's copy and the tax declaration.
- Choosing the remedy. Some problems are fixed at the Registry of Deeds or another office. Others, such as a lost owner's duplicate or a correction of the title, need a petition in court.
- Filing. We prepare and file the papers, and attend the hearing if the remedy is in court.
- New or corrected title. Once approved, the Registry of Deeds issues the new or corrected title, or cancels or records the annotation.
What to bring
- Copy of the title (OCT, TCT or CCT), or its number and the Registry of Deeds where it is kept
- Latest tax declaration and real property tax receipts
- Deeds, settlements or court orders that affect the land
- For a lost owner's copy: when and how it was lost, and the affidavit of loss if already made
- Lot plan, technical description or survey, if available
- Valid ID of the registered owner, or a special power of attorney if someone acts for the owner
Real estate contracts
A contract over land or a house is a large transaction, and mistakes in the documents are hard to undo once money has changed hands. As legal counsel to a buyer or a seller, we check the title and the other party's authority, prepare or review the contract and the deed, and assist in registration and in any dispute. We do not act as brokers and do not offer or look for properties or buyers.
How we can help
- Checking the seller's authority to sell before you pay (the owner, a spouse, co-owners, heirs, or an agent with a special power of attorney)
- Contracts to sell, conditional sales and deeds of absolute sale
- Deeds of sale signed by heirs or co-owners
- Real estate mortgages and the release of a mortgage
- Buyers of residential lots, houses and condominium units on installment (Maceda Law, R.A. 6552), and complaints against developers
- Disputes when a buyer or seller does not comply
How it usually proceeds
- Before paying. We check the title and confirm that the seller can sell, and that the property is what is being offered.
- Contract. The terms are put in writing: price, payment schedule, turnover and what happens if a party does not comply.
- Signing. We prepare the deed, see to it that the right persons sign (including the spouse, where the law requires it), and have it notarized.
- Registration. The deed is registered with the Registry of Deeds, which issues a new title in the buyer's name. The tax declaration is then updated at the Assessor's Office.
What to bring
- Copy of the title (OCT, TCT or CCT), or its number and location
- Latest tax declaration and real property tax receipts
- Any contract to sell, deed, or receipts of payments already made
- Full names, civil status and IDs of the seller and the buyer; marriage certificate if married
- Special power of attorney, if someone signs for the owner
- Lot plan or vicinity map, if available
Ejectment & land disputes
Disputes over who may occupy or own a property are common and can drag on for years if not handled properly. We assist owners, lessors and occupants in recovering or defending possession and ownership.
How we can help
- Demand letters to pay rent or vacate
- Unlawful detainer (for tenants or occupants who refuse to leave)
- Forcible entry (for occupants who entered by force, threat or stealth)
- Accion publiciana and accion reivindicatoria (recovery of possession or ownership)
- Quieting of title and boundary disputes
- Defending tenants and occupants
How it usually proceeds
- Demand. A written demand to pay or vacate is generally required before filing for unlawful detainer.
- Barangay. If the parties live in the same city or municipality, the matter usually goes to the barangay first.
- Court case. Ejectment cases are filed in the first-level courts and follow faster, summary rules.
- Execution. If the court rules in your favor, the decision can be enforced to recover the property.
What to bring
- Title, tax declaration or lease contract
- Written demand to pay or vacate, with proof of receipt
- Barangay certificate to file action, if the parties live in the same city or municipality
- Rental receipts or a record of unpaid rent
- Survey plan or sketch, for boundary disputes
- Photos of the property and its occupants
Estates & inheritance
When a family member passes away, the property they leave behind must be settled before it can be transferred, sold or divided. We guide families through settlement, taxes and title transfer.
How we can help
- Extrajudicial settlement of estate
- Judicial settlement and special proceedings for estates
- Partition among heirs
- Deeds of sale of inherited property
- Estate tax filing and the transfer of titles
- Recovery of property and correction of title issues
How it usually proceeds
- Inventory. We list the properties, heirs and documents of the estate.
- Settlement document. If the heirs agree and the requirements are met, we prepare an extrajudicial settlement. Otherwise, the estate goes to court.
- Taxes and publication. The estate tax is filed and paid, and the settlement is published as required by the Rules of Court.
- Transfer. The titles and tax declarations are transferred to the heirs or buyers.
What to bring
- Death certificate (PSA copy)
- Titles (TCT/OCT) or tax declarations of all properties
- Latest real property tax receipts
- Birth and marriage certificates showing each heir's relationship
- Valid IDs of all heirs
- Any will, deed of sale or donation signed by the deceased
- List of bank accounts, vehicles and debts, if known
Extrajudicial settlement: dividing an estate without going to court
When heirs can settle an estate out of court, and the steps involved.
Read more →Expropriation & just compensation
The government and some utilities may take private land for public use, but the Constitution requires payment of just compensation. We assist landowners in making sure they are paid fairly for what is taken.
How we can help
- Review of notices and offers from government agencies or utilities
- Negotiated sale under the Right-of-Way Act
- Expropriation cases in court
- Valuation of land, improvements, crops and structures
- Consequential damages for the remaining property
- Easement (right-of-way) versus full taking issues
How it usually proceeds
- Notice and offer. The agency usually sends a notice and an offer to buy the property.
- Negotiation. The landowner may accept, negotiate or reject the offer.
- Expropriation case. If no agreement is reached, the agency may file a case in court. Before it may take possession, it must deposit with the court an amount set by law. For national government projects under R.A. 10752, this is 100% of the BIR zonal value of the land, plus the replacement cost of structures and improvements and the current market value of crops and trees. Other cases follow Rule 67 of the Rules of Court or the Local Government Code.
- Just compensation. The court determines the final amount of just compensation, and the agency pays any difference from what it deposited.
What to bring
- Title and tax declaration of the affected lot
- Notice, offer letter or court summons received
- Sketch or plan of the affected portion
- Photos of crops, improvements and structures
- Receipts or records showing value of improvements
- Any payment or acknowledgment already signed
Agrarian reform
Agrarian matters involve farmers, landowners and the Department of Agrarian Reform. We assist farmer-beneficiaries, their cooperatives and landowners in agrarian cases and transactions.
How we can help
- Issues involving CLOAs and emancipation patents
- Disputes between landowners and tenants or beneficiaries
- Cases before the DAR and the DARAB
- Agrarian reform beneficiary cooperatives
- Transfers and restrictions on awarded lands
- Coverage and exemption questions
How it usually proceeds
- Document review. We review the title, CLOA or patent, and the DAR records.
- Choosing the forum. Some issues go to the DAR Secretary or its offices, while disputes go to the DARAB or the courts.
- Filing and hearings. We prepare and file the case and attend the hearings.
- Resolution. We see the matter through to decision and implementation.
What to bring
- Title, CLOA or emancipation patent
- Tax declaration and latest tax receipts
- Survey or subdivision plan, if any
- DAR orders, notices or certifications received
- Lease, tenancy or sale documents
- Photos of the property and any markers
This page is general information about this field of practice. It is not legal advice, and the process in your case may differ.
Other practice areas
Money, contracts & demands
Unpaid debts and accounts, demand letters, breach of contract, and settlements.
→Criminal cases
For the accused or the complainant, from preliminary investigation through trial and appeal, including vehicular accidents.
View all practice areas
All 7 fields of practice in one list.
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Consultations are by appointment at our Davao City office. 0917-823-0577 · office@tmlawph.com