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    Letter To Municipal Assessor

    Uploaded by

    Jfm A Dazlac
    This letter responds to a request to cancel a tax declaration and revert ownership of certain lots back to a previous owner. It notes that key documents referenced in the request were not provided. It also raises two legal issues: 1) The lots have certificates of title making the current ownership indefeasible under land registration law. 2) One lot is the subject of a pending unlawful detainer case, so acting on the request could undermine the court's authority. The letter requests copies of missing documents and asks the assessor to consider these legal matters and not act while the related case is pending.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Letter To Municipal Assessor

    Uploaded by

    Jfm A Dazlac
    3K views3 pages
    This letter responds to a request to cancel a tax declaration and revert ownership of certain lots back to a previous owner. It notes that key documents referenced in the request were not provided. It also raises two legal issues: 1) The lots have certificates of title making the current ownership indefeasible under land registration law. 2) One lot is the subject of a pending unlawful detainer case, so acting on the request could undermine the court's authority. The letter requests copies of missing documents and asks the assessor to consider these legal matters and not act while the related case is pending.

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    Letter to Municipal Assessor

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    This letter responds to a request to cancel a tax declaration and revert ownership of certain lots back to a previous owner. It notes that key documents referenced in the request were not provided. It also raises two legal issues: 1) The lots have certificates of title making the current ownership indefeasible under land registration law. 2) One lot is the subject of a pending unlawful detainer case, so acting on the request could undermine the court's authority. The letter requests copies of missing documents and asks the assessor to consider these legal matters and not act while the related case is pending.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views3 pages

    Letter To Municipal Assessor

    Uploaded by

    Jfm A Dazlac
    This letter responds to a request to cancel a tax declaration and revert ownership of certain lots back to a previous owner. It notes that key documents referenced in the request were not provided. It also raises two legal issues: 1) The lots have certificates of title making the current ownership indefeasible under land registration law. 2) One lot is the subject of a pending unlawful detainer case, so acting on the request could undermine the court's authority. The letter requests copies of missing documents and asks the assessor to consider these legal matters and not act while the related case is pending.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    You are on page 1of 3

    January 8, 2020

    HON. ____
    Municipal Assessor
    Municipality of ___

    Dear Sir:

    Good day!

    I write in behalf of the Heirs of _______ through their duly authorized


    representative Mr. ____________, referring to your letter dated January 2, 2020. A
    copy of the letter dated January 2, 2020 (sans annexes) is attached herewith for easy
    reference.

    First of all, may I note that the annexes to your letter dated January 2, 2020
    appear to be incomplete as it lacks the following attachments (as indicated in the 1 st
    Indorsement December 11, 2019):

    1. Death Certificate
    2. Special Power of Attorney
    3. Deed of Absolute Sale
    4. Letter request notarized by Atty. ___________

    Considering that these documents allegedly form the basis for the request of a
    certain “_________” to cancel the tax declaration in the name of _____________ and
    revert the same back to the name of ___________________, it is highly prejudicial to
    my clients’ interest that these documents are not made available for my clients’ perusal.
    As such, we respectfully request that copies of these documents be immediately
    furnished to my clients and the undersigned for the purpose of forming an intelligent
    response thereto.

    Be that as it may, may I respectfully direct the attention of Honorable Municipal


    Assessor to the following legal matters that ought to be borne in mind when considering
    this _______________ request:

     Lot No. _________ is clearly covered by a certificate of title (TCT No.


    ___________). Likewise, Lot No. ___________ is also covered by TCT / OCT
    No. __________ (No. ____________). These are facts admitted by the

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    requesting party herself. That said, please consider the ruling of the Supreme
    Court concerning registered land:

    “A fundamental principle in land registration under the Torrens system is


    that a certificate of title serves as evidence of an indefeasible and
    incontrovertible title to the property in favor of the person whose name
    appears therein. The certificate of title thus becomes the best proof of
    ownership of a parcel of land; hence, anyone who deals with property
    registered under the Torrens system may rely on the title and need not go
    beyond the title. This reliance on the certificate of title rests on the doctrine
    of indefeasibility of the land title, which has long been well-settled in this
    jurisdiction.” (Numeriano P. Abobon v. Felicitas Abata Abobon and
    Gemma Abata Abobon, G.R. No. 155830, August 15, 2012).

     Lot No. _____________ is currently the subject of a case entitled


    “__________________,” for Unlawful Detainer, docketed as Civil Case No.
    ____________, pending before the Municipal Trial Court (MTC) of
    ____________.

    A copy of the Plaintiffs’ Position Paper dated ___________ (sans


    annexes) is attached herewith for easy reference.

    There is reason to believe that this ______________ is one of the


    “persons claiming rights under” the Defendants in the said case. In light of
    the pendency of the civil case involving Lot No. __________, wherein the
    main issue being tackled is its possession, her resort to this Honorable
    Office for the summary cancellation of ______________’s tax declaration
    is an ill-disguised attempt to subvert any unfavorable decision of the
    Honorable MTC and to undermine its authority as a court of law. In fact,
    my clients are contemplating that there is a ground for indirect contempt
    against the Defendants in the case, and in particular _____________, for
    their recent actions.

    Given that, it is the opinion of the undersigned that it would be highly


    improper for this Honorable Office to act on the request of
    _____________ while the case involving the said lot is still pending.

    I hope this helps to shed light on the matter.

    Yours truly,

    __________________

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