Arturo is buying a piece of property from his aunt. His aunt’s name, as appearing in her IDs, is “Lina De la Curz”. But when the aunt got a copy of her PSA Birth Certificate, it was found that her name in there is MELINA De la Cruz.
Arturo also discovered that Lina is selling her share in a property that is still owned by her mother (i.e., Arturo’s grandmother). Lina and her siblings have already signed an Extra-Judicial Settlement (EJS) but that it has not yet been notarized.
How can Arturo make sure that his purchase is valid and effective?
Here are the two things that Arturo needs to do:
First, he should make sure that Lina’s differing names is addressed by a Joint Affidavit of Two Disinterested Persons. This Affidavit should be signed by two persons who are not related to Lina, either by blood or by marriage, but who have known her for a long time. Long-time friends and neighbors are good candidates for signatories of this document.
However, it is possible that when he gets to the Register of Deeds, the office will require him other documents to support the affidavit. To know what these possible documents are, he may go to the ROD now and ask, hypothetically, what documents the office requires in cases such as these.
Second, he should wait until the EJS is notarized. An EJS that is unnotarized is ineffective. It cannot be used to transfer title. Without the EJS, Lina technically has no right over the inheritance, and therefore has nothing to transfer to Arturo. To avoid potential questions, Arturo should make sure that the Deed of Sale between him and Lina is dated AFTER the notarial date of the EJS.
May's Blog 