TITLING PROCESSESS
Titling refers to the process of as a proof of ownership.
STEPS ON HOW TO ACQUIRE ORIGINAL CERTIFICATE OF TITLE
I. SURVEY OF LAND
The land shall be measured by a licensed surveyor or Geodetic Engineer who
shall also prepare the plan in tracing cloth or Diazo Polyester Film.
II. APPROVAL OF PLAN
The plan shall be approved by the Director of Lands or the Regional Lands
Director or the Regional Technical Director who has jurisdiction over the place
where the property is located. The plan shall have a technical description that is
verified and certified by the Director of Lands or the Regional Technical Director
or his designated official authorized to issue such certification.
III. FILING OF APPLICATION
The application for land registration shall be typewritten and shall be filed at
the Regional Trial Court that has jurisdiction over the place where the land is
located. It shall be in Seven (7) copies, which shall be signed and sworn into by
the applicant.
The application shall be supported by the following;
a. The original plan in tracing cloth duly approved by the Director of Lands/
Regional Lands Director/ Regional technical Director and Two (2) blue
print copies duly certified by the aforementioned officers.
b. Three (3) copies of technical description that conforms with LRC Circular
No. 365 which duly verified and certified by the Regional Technical
Director or his authorized representative.
c. Three (3) copies of certificates from the surveyor or Geodetic Engineer or
certificate of non-availability from the Regional Technical Director; and
d. Four (4) copies of the latest Tax Declaration or Assessment Certificate from
the Assessor’s Office where the land is located.
The application shall contain the following information;
a. Description of the land.
b. Civil Status of the applicant. If married, include the name of spouse. If
separated (when, where and what court gives the order of separation). If
the applicant is of minor age, state the age.
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c. Complete name and address of the applicant, the present occupant of the
land, owners of the adjacent lands if known, if not known, statement how
shall they be located. If minor, complete name and address of legal
guardian.
d. Citizenship of the applicant.
IV. LAND REGISTRATION CASE NUMBER
The clerk of Court shall issue a Land Registration Case Number once the
application has been received.
V. DATE OF HEARING
The court shall set the date and time of hearing for the application pursuant to
Section 23, PD 1529 and LRC Circular No. 353. The court order for the first
hearing shall be sent to LRA together with the duplicate copy of the application,
original or certified copy of plan in tracing cloth, original duplicate copy of
technical description, surveyor’s certificate, latest tax declaration and proof of
payment of publication to the Official Gazette.
VI. PUBLICATION
The Notice of Initial Hearing prepared by LRA shall be published at the Official
Gazette and at the newspaper of general circulation in the Philippines. The cost
of publication of P1,012.50, if the application is for each lot and an additional
cost of P322.50 for every lot in excess of one lot, have to be paid by the applicant
at the Clerk of Court after filing the application. The amount paid shall be given
to the Director of National Printing Office.
VII. OPPOSITION
All persons who claim ownership or have interest over the land shall file
opposition at the Court to be heard.
VIII. EVIDENCE
The applicant and the opposition shall present proof of ownership during
the hearing.
IX. DECISION
After the hearing, the Court shall read the decision in favor of the person
who has proven his ownership over the land. If the decision has been declared
final, the Court shall issue Court Order directing the Administrator of LRA to
provide Degree of Registration for the said person.
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X. DECREE OF REGISTRATION
After receipt of the Court Order, the Administrator of LRA shall provide a
Decrees of Registration with number, written in the Original Certificate of title
and the original Owner’s Duplicate Copy of it to be delivered to the Register of
Deeds of the place where the land is located.
XI. CERTIIFICATE OF TITLE
After receipt of the original and duplicate copes of Original Certificate of
Title or Decree of Registration, the Register of Deeds shall assign an OCT
number and shall be kept at the vault of the registry. The Register of Deeds
shall provide to the registered owner the owner’s duplicate copy of the Original
Certificate of Title after paying the legal fees thereof.
REQUIREMENTS FOR PETITION FOR RECONSTITUTION OF
ORIGINAL/TRANSFER CERTIFICATE OF TITLE
The Petitioner is required to submit the following:
1. A signed copy of the petition;
2. A certification from the Register of Deeds concerned that the original of
the certificate of title in the Registry was either lost or destroyed;
3. Certification from the Lands Management Bureau that Patent title was
issued to Lot No. _______;on the basis of which the reconstitution is to be
made, duly certified by the Clerk of Court pursuant to Par. 4 (a) of LRC
Circular No. 35, and that the same is/are the true and faithful
reproduction of the document presented by the petitioner.
4. The original with two (2) duplicate copies and a Xerox copy of the original
of the technical description of the parcel of land covered by the
lost/destroyed certificate of title, certified by the authorized officer of the
Land Registration Authority/Land Management Bureau;
5. The certified copy of lot data computation or area computation
prepared by a duly licensed Geodetic Engineer;
6. The sepia film plan with two (2) print copies of the subject parcel of
land prepared by a duly licensed Geodetic Engineer who shall certify
thereon that its preparation was made on the basis of a certified technical
description;
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REQUIREMENTS FOR REGISTRATION
VOLUNTARY TRANSACTIONS – (Sale, Donation, Settlement, Adjudication, Petition,
Mortgage, Exchange, Lease, Merger)
Common Requirements:
Original copy of the Deed/Instrument
If the original copy cannot be produced, the duplicate original or certified true
copy shall be presented accomplished with a sworn affidavit executed by the
interested party stating why the original copy can not be presented.
Owner’s and co-owner’s copy of the certificate of title (if one had been issued),
if the land is registered.
DAR Clearance and Affidavit of Aggregate Land Holding of the transferee if the
land is covered by CARP.
Specific Requirements:
1. Deeds of Transfer
a. BIR certificate authorizing registration re: payment of capital
gains tax, estate tax and donor’s as the case may be.
b. Revenue tax receipts evidencing payment of documentary stamp
tax, if the amount paid is P10.00 and above.
c. Real Property tax clearance indicating the tax declaration number.
d. Proof of payment of transfer tax, except if the document was
executed before July 1, 1973.
e. Affidavit and Certificate of No Improvements, in case no
improvement by the Assessor’s Office.
f. Tax declaration
Additional Requirements:
For extra judicial settlement/adjudication - Affidavit of publication of the
publisher/editor stating that the deed/instrument had been published for
the three (3) consecutive weeks.
Sale of Subdivision Lots - License to sell and/or certificate of registration
by HLURB (In case of subdivision projects)
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Power of Attorney or any deed, instrument executed abroad - Certificate of
authentication by the nearest Philippine Consulate.
Judicial Settlement of Estate
a. Order approving the project of partition.
b. Certificate of finality of the order/termination of special proceeding.
c. Letter of administration – if the property is encumbered or sold during the
settlement proceedings.
Mortgage, Lease
a. Certificate of non-delinquency in the payment of real estate tax.
b. Documentary Stamp Tax
Extra judicial Foreclosure of Mortgage
a. Certificate of sale by the sheriff.
b. Approval of the Executive Judge, RTC (except where the sale was
conducted by the notary public)
c. Documentary Stamp Tax
Consolidation of ownership
Affidavit of consolidation of the purchase/deed of sale of the mortgage.
Judicial Foreclosure of Mortgage
a. Court order directing the sale by public auction.
b. Certificate of sale issued by the sheriff.
For Subdivision and/or Consolidation plan
a. Without change of ownership
1. Letter request
2. Tracing cloth of the plan duly approved by the Land Registration
Authority or the Land Management Bureau.
3. Blue print copy of plan
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4. Original technical description
b. With change of ownership
1. agreement of partition
2. real estate tax clearance
PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF DONATION:
1st Step Execute Deed of Donation
2nd Step Annotation of OCT or TCT and the executed deed of donation to the Office
of the Register of Deeds
3rd Step Proceed to the Assessor’s Office for the issuance of the following:
a. Payment of Realty Tax, if any
b. Latest certified copy of a Tax Declaration
c. Issuance of Tax Clearance
d. Payment of Transfer Tax, if any (75% of 1.0% of the assessed value)
e. Issuance of Transfer Tax Clearance.
4th Step Proceed to District/Regional Office of BIR
1. Present the following:
a. Deed of donation
b. Owner’s Duplicate Copy of OCT/TCT
c. Tax Clearance
d. Transfer Tax Certificate
e. Certification of No Improvements from the Assessor’s Office and
Affidavit executed by the taxpayer
2. Payment of Donor’s Tax, if any
3. Issuance of Donor’s Tax Certificate
4. Issuance of Certificate Authorizing Registration (CAR)
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5th Step Proceed to Register of Deeds
1. Present the following:
a. Owner’s Duplicate Copy of OCT/TCT
b. Tax Clearance Certificate
c. Transfer Tax Receipt
d. Certified Copy of Tax Declaration
e. Realty Tax Clearance
f. Donor’s Tax Clearance
g. Certificate Authorizing Registration (CAR)
2. Filing of Application Form
3. Payment of fees, if any
4. Issuance of Transfer Certificate of Title
Note: Payments are made depending on the location of the property and year of
acceptance. Tables of payments are available in each office concerned.
PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF SALE:
1st Step Execute Deed of Sale
2nd Step Annotation of OCT or TCT and the executed deed of sale to the Office of
the Register of Deeds
3rd Step Proceed to the Assessor’s Office for the issuance of the following:
a. Payment of Realty Tax, if any
b. Latest certified copy of a Tax Declaration
c. Issuance of Tax Clearance
d. Payment of Transfer Tax, if any (75% of 1.0% of the assessed value)
e. Issuance of Transfer Tax Clearance.
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4th Step Proceed to District/Regional Office of BIR
1. Present the following:
a. Deed of Sale
b. Owner’s Duplicate Copy of OCT/TCT
c. Tax Clearance
d. Transfer Tax Certificate
e. Certification of No Improvements from the Assessor’s Office and
Affidavit executed by the taxpayer
2. Payment of Capital Gains Tax, if any (7.5% of the Zonal Value)
3. Payment of Documentary Stamp Tax (1.5% of the Zonal Value)
4. Issuance of Capital Gains Tax Certificate
5. Issuance of Certificate Authorizing Registration
5th Step Proceed to Register of Deeds
1. Present the following:
a. Owner’s Duplicate Copy of OCT/TCT
b. Transfer Tax Receipt
c. Certified Copy of Tax Declaration
d. Tax Clearance Certificate
e. Realty Tax Clearance
f. Documentary Stamp Tax
g. Capital Gains Tax Clearance
h. Certificate Authorizing Registration (CAR)
2. Filing of Application Form
3. Payment of fees, if any
4. Issuance of Transfer Certificate of Title
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Note: Payments are made depending on the location of the property and year of
acceptance. Tables of payments are available in each office concerned.
DONOR’S TAX CLEARANCE REQUIREMENTS
1. Donor’s Tax Return (4 copies)
2. Deed of Donation (2 Xerox copies)
3. Title (back to back) (2 Xerox copies)
4. Latest Tax Declaration (back to back) ( 2 Xerox copies)
a. Tax declaration for improvement introduced in 1985 and prior years
(2 Xerox copies)
b. Building Permit or occupancy permit for improvement introduced in
1986-1990) (2 Xerox copies)
5. If no improvement
a. Affidavit of no improvement secured from Lawyer (2 copies)
b. Certification from the City Assessor’s Office that there is no existing
improvement (2 copies)
6. Donor’s tax return duly received by accredited bank (1 copy duplicate
and 2 Xerox copies)
7. Birth Certificate or Sworn Statement of Relationship (2 copies)
8. Computation sheet accomplished by Revenue Officer (original)
9. Certification Fee (original)
10. Documentary Stamp Tax (original)
11. Marriage Contract (1 Xerox copy)
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