How can I contest Tax Declaration Certificate?

My mother inherited a parcel of agricultural land, early this year we hire a geodetic engineer to survey the said land for titling purposes. After the survey we found out that the land was divided into two different lot numbers. Lot No. 3254 named after my mother and the other is Lot No. 3258 named after the late Martiniano VVVVVV which per records in our municipal assessors is a new lot no. as of 1994 with no land history in record. For so many years we thought that this whole land is ours only to find out recently that it was divided into to two lot.

After hearing of the survey outcome the heirs of Martiniano VVVVVVV, immediately paid its taxes and penalties and claimed the said lot with only the Tax Declaration Certificate in hand as proof of ownership of the said land.

What legal proceedings would we do to contest the said claim of the heirs of Martiniano VVVVVVV?

Is your mother's property covered by a Transfer Certificate of Title issued by the Register of Deeds? or is it tax dec also?

the geodetic engineer may have relied on a technical description; where did this tech description come from, tax dec no. 3254?

how were you led to believe that the entire property was supposed to be yours? was there continuous possession even of the portion covered by the other tax dec?

my mothers property is not covered by TCT issued by the Register of Deeds we are still on the process of having it titled. We only have a Tax Declaration and a history of the said lot # 3254 certified by the Municipal Assessors Office.

The technical description of lot 3254 was issued by the provincial office of DENR.

My grandfather cultivated and farmed this land (lot # 3254 & 3258)since 1970 together with our tenant. Even the heirs of the late Martiniano Vitualla which lot # 3258 was named did not object coz they also thought that lot 3258 belongs to us.

tax decs are not conclusive proofs of ownership, but they are good evidence which may be rebutted.

you will have to research how the tax dec was issued to the 2nd party. maybe your lolo sold it to them secretly, or it's just a mistake. it will be your burden of proof to show that your party has better rights over the property.

thanks a lot for the information you've given Sir regarding my problem. This would really help me where to start on this ordeal.

what is the legal interpretation of "UNREGISTERED PARCEL OF LAND"

Unregistered means the property is not registered with the Registry of Deeds, and that no Torrens title (OCT or TCT) covers the property.

what are the requirements in applying an unregistered parcel of land?

that depends on whether you will apply for titling with CENRO or you will file a petition in court to confirm your title.

have you studied the history of the property?