Affidavit of Non-Ownership Philippines — Free Sample & Guide

An Affidavit of Non-Ownership is a sworn statement in which the affiant declares that he or she does not own a particular property and has no right, title, or interest in it. In the Philippines it is most often used for a parcel of land that has been wrongly associated with the affiant — for example, land erroneously declared under one's name in the assessor's records, or a titled property registered to someone else that a bank or estate has mistakenly linked to the affiant. Because it is executed under oath before a notary public, it serves as the affiant's formal, on-the-record disclaimer of ownership.

What Is an Affidavit of Non-Ownership?

An Affidavit of Non-Ownership is a notarized declaration in which the affiant identifies a specific property — by its title or tax-declaration number, its location, and its registered owner — and affirms that he or she is not the owner. Where the affiant is in possession or occupancy of the property, the affidavit typically adds that such possession is only by the permission or tolerance of the true owner and is not in the concept of an owner.

The document does not transfer or create any rights; it simply puts on record, under oath, that a property belongs to someone else. That makes it useful precisely where a third party — an assessor, a bank, an estate administrator, or a court — has wrongly assumed the affiant is the owner and needs a sworn statement to correct that assumption.

When Do You Need an Affidavit of Non-Ownership?

Common situations in the Philippines where an Affidavit of Non-Ownership is required:

Erroneous tax declaration — a parcel of land is declared under your name in the assessor's or treasurer's records, so real-property tax is being assessed against you for property you do not own
Bank, loan, or credit matters — a lender asks you to confirm that a titled property registered to someone else is not among your assets or collateral
Estate and family property clarification — heirs or an administrator need it on record that a particular titled parcel is not yours and forms no part of your share or estate
Possession by tolerance — you occupy land owned by a relative or another person and must state that your stay is by permission, not by ownership
Barangay or LGU requirements — a local office requires a sworn disclaimer of ownership before processing a clearance, permit, or record correction
Clearing a name mix-up — a property registered to a different person who shares a similar name is wrongly attributed to you

Why Identifying the Property Matters

An Affidavit of Non-Ownership is only as strong as the property it points to. A blanket disclaimer proves little; a statement tied to a specific parcel is precise enough for an assessor, bank, or court to act on. A proper affidavit should pin the property down by:

Title or reference number — the Transfer Certificate of Title (TCT), Original Certificate of Title (OCT), Condominium Certificate of Title (CCT), CLOA, or Tax Declaration number, copied exactly as it appears on the document
Location — the barangay, municipality or city, and province where the land is situated
Registered owner — the full name of the person in whose name the property is titled, again copied exactly from the title
Technical description (optional) — the lot, block, area, and boundaries from the title or survey plan, where greater precision is needed

Quoting the registered owner as written makes plain that the property belongs to that person and not to you — which is the entire purpose of the affidavit.

Required Contents of the Affidavit

A proper Philippine Affidavit of Non-Ownership should state the following clearly:

Affiant's identity — full name, civil status / description, and residence
The property — described by its title or tax-declaration number and its location (and, optionally, its technical description)
The registered owner — that the property is owned and registered in the name of the named owner
Nature of possession — where the affiant occupies the property, that it is only by permission or tolerance of the owner and not in the concept of an owner
Disclaimer of interest — that the affiant has no ownership right, title, or interest, and nothing that could pass to heirs, assigns, or successors
Purpose — that the affidavit is executed to declare non-ownership for a stated lawful purpose
Jurat — sworn before a notary public with competent evidence of identity
Notarial register — the Doc./Page/Book/Series details completed by the notary

Free Sample — Affidavit of Non-Ownership

Below is a complete sample disclaiming ownership of a titled parcel of land, rendered exactly as Legalia generates it. Use Legalia Pro to generate a notary-ready version with your own details filled in, and to add optional clauses such as the property's technical description and the competent-evidence-of-identity block.

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY) S.S.

AFFIDAVIT OF NON-OWNERSHIP OF REAL PROPERTY

I, Juan Dela Cruz, single, Filipino, of legal age, and a resident of 123 Mabuhay Street, Barangay San Antonio, Quezon City, after being duly sworn in accordance with law, hereby depose and state that:

1. That I am in possession or occupancy of a certain parcel of land covered by TCT No. T-12345, situated in Barangay San Isidro, Tagbilaran City, Bohol;

2. That the above-described property is owned and registered in the name of Maria Santos;

3. That my possession or occupancy of the above-described property is only by permission or tolerance of Maria Santos, the registered owner thereof, and I do not possess the property in the concept of an owner;

4. That I have no ownership claim over the said real property, and I acknowledge that my possession or occupancy is not adverse to the registered owner and is not in the concept of an owner;

5. That since I do not own the above-described property, I have no ownership right, title, or interest therein that may be transferred to my heirs, assigns, or successors.

I am executing this Affidavit to declare that I do not claim ownership over the above-described property, for the purpose of clarification of non-ownership, and for whatever other lawful purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this January 15, 2026, at Quezon City, Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this January 15, 2026 at Quezon City, Philippines, by the above-named affiant, Affiant exhibited to me his/her Driver's License bearing No. N01-23-456789 issued on May 10, 2023 at Quezon City.

Notary Public

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______.

Generate Your Affidavit of Non-Ownership with a Pro Plan

This document is available on the Legalia Pro plan. Subscribe to generate a notary-ready Affidavit of Non-Ownership — identifying the parcel by its title or tax-declaration number, location, and registered owner — with optional technical description and a properly formatted jurat block, in minutes.

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Step-by-Step: Generate an Affidavit of Non-Ownership with Legalia

Log in and open the Affidavit of Non-Ownership. Sign in to your Legalia dashboard and, under the Affidavits category, select Affidavit of Non-Ownership. The two-panel editor opens — form on the left, live preview on the right.
Enter the affiant details. Fill in your full name, civil status / description, and address as the affiant disclaiming ownership.
Describe the property. Enter the barangay, municipality or city, and province, choose the title type (TCT, OCT, CCT, CLOA, Tax Declaration, or Other), and supply the title or reference number and the name of the registered owner exactly as they appear on the title.
Add optional details. Paste the property's technical description if you need it, and fill in the competent-evidence-of-identity block; choose the purpose of the affidavit, then review the live preview.
Print or export. Click Print and choose Save as PDF, or export to Word. Then personally appear before a notary public with competent evidence of identity so the jurat block can be completed.

Common Mistakes to Avoid

Disclaiming property you actually own. An Affidavit of Non-Ownership is a sworn admission against ownership. Never sign one to deny a property you genuinely own or have a claim to — doing so under oath exposes you to liability for perjury.
Failing to identify the property precisely. Always state the exact title or tax-declaration number, the full location, and the registered owner's name as written; a vague disclaimer is not actionable by an assessor, bank, or court.
Inventing a technical description. If you include the lot, area, or boundaries, copy them only from the title, tax declaration, survey plan, or deed — never estimate or guess them.
Confusing it with proof of ownership. This affidavit only disclaims ownership; to assert that you do own a property, use an Affidavit of Ownership instead.
Missing competent evidence of identity. The affiant must appear before the notary with a valid ID; without it, the jurat cannot be completed and the affidavit will not be accepted.

Frequently Asked Questions

What is an Affidavit of Non-Ownership?

An Affidavit of Non-Ownership is a sworn statement in which the affiant declares that he or she does not own a particular property — most commonly a parcel of land — and that he or she has no right, title, or interest in it. The affidavit identifies the property by its title number, location, and registered owner, and typically explains that the affiant's possession or occupancy, if any, is only by the permission or tolerance of the true owner and is not in the concept of an owner. Because it is executed under oath before a notary public, it is accepted by LGUs, assessors, banks, courts, and other parties as the affiant's formal disclaimer of ownership.

When do I need an Affidavit of Non-Ownership in the Philippines?

You typically need one whenever a property is wrongly associated with your name and you must formally state that it is not yours. Common situations include a parcel of land erroneously declared under your name in the assessor's or treasurer's records (so the real-property tax is being assessed against you by mistake); a bank, lender, or estate administrator asking you to confirm that a titled property registered to someone else is not part of your assets; clarifying, within a family or among heirs, that land you occupy or that bears a similar name is actually owned by a relative; and supporting a barangay or LGU requirement where you must disclaim ownership of property you merely occupy by tolerance. In each case the affidavit removes the false assumption that you are the owner.

Why is identifying the property so important?

Because an Affidavit of Non-Ownership is only as useful as the property it points to. A vague disclaimer ("I do not own any land in that area") proves little, but a statement tied to a specific parcel — by its Transfer Certificate of Title or tax declaration number, its barangay, municipality, and province, and the name of the registered owner — is precise enough for an assessor, bank, or court to act on. Quoting the exact title number and the registered owner as they appear on the title also makes clear that the property belongs to that person and not to you, which is the whole point of the document.

Does an Affidavit of Non-Ownership need to be notarized?

Yes. An unnotarized affidavit is merely a private document and carries little weight. To be accepted, the affiant must personally appear before a notary public, present competent evidence of identity, and swear to the truth of the contents so the jurat block can be completed. Only a notarized affidavit will be honored by assessors and treasurers correcting a tax declaration, by banks and estate administrators clearing the affiant from a property's ownership, and by courts where the disclaimer is offered in evidence.

Is signing an Affidavit of Non-Ownership an admission against me?

It can be — and that is exactly why you should sign it only if it is true. An Affidavit of Non-Ownership is a sworn admission that you do not own the property and, where applicable, that your possession is only by the permission or tolerance of the registered owner and is not adverse to that owner. This means it cannot later be used to support a claim of ownership by acquisitive prescription, and it confirms there is no interest in the property that could pass to your heirs or assigns. Never sign one to disclaim a property you actually own or have a genuine claim to; doing so under oath exposes you to liability for perjury.

Affidavit of Non-Ownership Philippines: Free Sample & Guide