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Affidavit Of Possession for Philippines

Affidavit Of Possession Template for Philippines

An Affidavit of Possession is a sworn legal document used in the Philippines to formally declare and establish an individual's claim of possession over a specific piece of real property. This document, governed by Philippine property law including the Civil Code and Property Registration Decree, serves as a formal declaration of continuous, peaceful, and adverse possession of property. It contains detailed information about the property, the nature and duration of possession, and various acts of ownership exercised by the possessor. The document must be properly executed before a notary public and often serves as supporting evidence in land registration proceedings or property-related transactions.

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Affidavit Of Possession

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What is a Affidavit Of Possession?

The Affidavit of Possession is a fundamental document in Philippine property law used to establish and formalize claims of property possession. This sworn statement is particularly crucial in scenarios where formal titles are absent or when supporting applications for land registration, free patents, or other property-related proceedings. The document requires careful preparation as it must detail specific information about the property, including its technical description, boundaries, and the history and nature of possession. Under Philippine jurisdiction, the affidavit must include declarations of peaceful and continuous possession, specific acts of ownership, and may need to be supported by tax declarations and other documentary evidence. The Affidavit of Possession is often required by government agencies such as the Land Registration Authority and serves as a key document in establishing property rights through adverse possession or similar claims.

What sections should be included in a Affidavit Of Possession?

1. Title and Venue: Specifies the document type and jurisdiction where the affidavit is being executed

2. Personal Information: Affiant's complete name, age, civil status, citizenship, and residence address

3. Oath Declaration: Standard declaration that the affiant is making the statement under oath

4. Property Description: Detailed technical description of the property including boundaries, area, and location

5. Nature of Possession: Declaration of how the possession started, whether through purchase, inheritance, or other means

6. Duration of Possession: Statement of when possession began and confirmation of continuous possession

7. Acts of Ownership: Description of specific acts demonstrating possession and ownership (e.g., payment of taxes, construction of improvements)

8. Peaceful and Adverse Possession: Declaration that possession has been peaceful, public, continuous, and adverse against the world

9. Purpose Declaration: Statement of the purpose for executing the affidavit

10. Certification of Truthfulness: Final declaration of truth and correctness of the stated facts

11. Jurat: Notarial section including date, place of execution, and notary details

What sections are optional to include in a Affidavit Of Possession?

1. Prior Ownership History: Details about previous owners if known, used when there is a clear chain of ownership to describe

2. Adjacent Property Owners: Information about neighboring property owners, included when boundary disputes might be relevant

3. Improvements Declaration: Detailed list of improvements made to the property, used when significant developments have been made

4. Tax Declaration History: History of tax payments and declarations, included when tax records are available as evidence

5. Witness Declarations: Statements from neighbors or community members confirming possession, used when additional testimony is needed

6. Non-Encumbrance Declaration: Statement that the property is free from liens or encumbrances, included when relevant to the purpose

What schedules should be included in a Affidavit Of Possession?

1. Tax Declaration Certificates: Copies of tax declaration certificates proving payment of property taxes

2. Property Survey Plan: Technical survey plan showing the exact boundaries and measurements of the property

3. Barangay Certification: Certificate from the local barangay confirming possession and residence

4. Documentary Photographs: Photos of the property and improvements as evidence of possession

5. Real Property Tax Receipts: Copies of receipts showing payment of real property taxes

6. Previous Deeds or Documents: Copies of any existing documents related to the property ownership or transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses


















Relevant Industries

Real Estate

Agriculture

Construction

Property Development

Mining

Infrastructure

Banking and Finance

Legal Services

Government and Public Sector

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Land Administration

Documentation

Corporate Secretarial

Risk Management

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Land Registration Officer

Real Estate Developer

Title Examiner

Legal Counsel

Notary Public

Land Surveyor

Property Assessor

Real Estate Agent

Compliance Officer

Legal Administrator

Property Rights Specialist

Land Use Officer

Industries






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