DETECTING FRAUDS

There is no hard and fast rule in detecting fake or spurious titles. They come in many forms and style. But still the bottomline is when referring to such titles, it should be understood that the certificate of title itself purporting to be genuine is actually fake. It is a counterfeit and therefore, it has no value whatsoever.

When one intends to buy a property, or otherwise, when receiving certificates of title for purposes of transferring ownership, it is important to check on the following:

1. Examine the certificate of title, and if you need clarification, do not hesitate to ask questions.

2. Who is the owner? Does the civil status appear on the title? If married, who is the spouse? If single, is it still true at this time? What is the age? If a minor, who is the parent or guardian? Where is the place of residence? What is the address indicated? Is it still the actual address at the time of examination?

3. Next step is to look at the history of transactions. Is it clean? Meaning, there is no lien or encumbrance like a mortgage, lis pendens, or adverse claim. There could be a possibility that the certificate of title is an old one and had already been replaced by another but which may already be under the name of another person. Thus, the old title in this case is spurious.

4. Always obtain a photocopy of the certificate of title and check its current status with the Register of Deeds of the locality having jurisdiction over the property in question.

5. Find out if realty taxes have been paid and updated. You will need to go to the local government office of the treasurer and found out if payment is current. You may want to secure a certification of payments made and status of the property.

6. It is also important to secure an updated tax declaration from the assessor's office of the local government unit.

7. It may be helpful to obtain a location and a survey plan approved by the Bureau of Lands. Usually, the name of the owner and the title being referred to are indicated in the map or plan.

8. Of course, the next best thing to do is to check on the property. Based on the documents you have gathered, and through the help of license experts such as a broker, appraiser, consultant or genetic engineer, you can certain the truthfulness of the data indicated in the title.

In a capsule, when still in doubt, ask more questions and secure more documents like real property tax receipts, among others.

FRAUD

Problems abound affecting fake titles or fake documents or misrepresentation as basis for issuance of titles. There is a big difference between the two. Fake titles do not confer ownership over the property at any given time. It may however give rise to another right by reason of prescription if possession is adverse and continuous. On the other hand, a title duly issued notwithstanding the fact that fake documents were used remain valid until annulled or cancelled by virtue of a court decision. There are other instances of fraud but those described here are the most common or prevalent.

OUR MISSION

Real property ownership is admittedly the most sought goal in the hierarchy of human needs. Neither can it be eaten nor cover your body. But it can provide your food to fill your stomach and your clothes to keep you warm. A source of income that can buy what you need. It can serve as your life's material security and stability over which you build your home, or by which you can obtain the needed business capital by mortgaging or selling it. Or perhaps it can be something of sentimental value or part of a family heritage where money is not a consideration.

Simply put, viewed from a practical perspective, real property is synonymous to this "material world". It is essentially, wealth. People work and even die for it. Wars have been won or lost due to claims over territory. Relationships are built or destroyed because of land disputes or settlement.

Government has several departments focused on protecting and preserving its patrimony or natural resources, and the country's territory; registering it for private ownership by corporations and individuals; distributing it as part of agrarian reform; financing and utilizing it for housing, agricultural and industrial uses; or revenue generation, among others.

Real property is measured by metes and bounds. The boundaries are important in ownership. They must basically be precise and identifiable. They should not encroach on each other lest there be a dispute or controversy.

Ownership must be clearly established with due consideration to legal titles and rights. Tax and contractual obligations must be updated or settled. For it to have further value, it must be clean. This means it can freely disposed of free from any lien or encumbrance.

Transactions dealing with realty are actually complex and completed. Even realty practitioners would have different and sometimes irreconcilable views or approaches to the same problem or situation.

Thus, laws have been passed, rules were formulated, decisions handed down, realty organizations are gearing toward integration, realty practice are being professionalized and regulated, and government agencies concerned are placed under an umbrella institution.

It is the intention of Metes & Bounds to provide a "one-click & one-site" online reference to realty matters as a public service of St. Pio Resources. The end in view is to create an awareness among realty stakeholders and simplify the otherwise complicated terms about then and recent practices,