How to Register Land Property in the Philippines
Section 4 of the Presidential Decree No. 1529 known as the Property Registration Decree” states that in order to have a more efficient execution of the laws relative to the registration of lands, geared to the massive and accelerated land reform and social justice program of the government, there is created a commission to be known as the Land Registration Commission under the executive supervision of the Department of Justice. The Land Registration Authority (LRA) is the Philippine government agency mandated to issue decrees of registration and certificates of titles and register documents, patents and other land transactions for the benefit of landowners, Agrarian Reform-beneficiaries and the registering public in general. If you are planning to buy real estate in the Philippines, such as land for your business or personal use, you need to have an idea on how to register it and have your name as the owner and registrant on its certificate of title. However, registering land in the Philippines can be a tedious work to accomplish. Nevertheless, the following are guidelines on how to register land property with the LRA Philippines.
What are the Requirements for Registration?
The following are the basic requirements for registration:
Basic Requirements for Registration
1. Original of the deed/instrument
If original document cannot be presented, the duplicate original or certified true copy shall be presented together with a sworn affidavit executed by the interested party stating why the original document cannot be submitted.
2. Certified copy of the latest Tax Declaration of the property
3. If titled property, owner’s copy of the certificate of title, and all issued co-owner’s copy if any
a. If a document was executed abroad, a Certificate of Authentication by the nearest Philippine Consulate is required.
b. If either party is a corporation, the following are also required:
i. Secretary’s Certificate/Board Resolution indicating the authorized signatory(ies) and the scope of authority
ii. Articles of Incorporation
iii. Certificate of SEC that the articles of incorporation has been registered
Additional Requirements for Registration
For Issuance of Title Transactions
All issuance transactions require the following documents aside from the basic requirements:
1. BIR Certificate Authorizing Registration (CAR) re: payment of capital gains tax or donor’s tax, as the case may be
2. Real property tax clearance re: up-to-date payment of taxes
3. Proof of payment of transfer tax
4. If the land is covered by CARP, DAR clearance and Affidavit of Landholding of transferee
Additional requirements for specific types of issuance transactions:
1. Extra-Judicial Settlement / Adjudication
· Affidavit of Publication stating that the notice of settlement has been published once a week for (3) consecutive weeks
· If minors are involved, Court Order approving the settlement
2. Judicial Settlement of Estate
· Court Order approving the partition
· Certificate of Finality of the court order
· If the property is being sold or encumbered during the settlement proceedings, Letters of Administration
3. Extra-Judicial Foreclosure of Mortgage
· Certificate of Sale by the sheriff/notary public
· Approval of the Executive Judge, RTC
4. Consolidation of Ownership
· Affidavit of Consolidation of the purchase or Final Bill of Sale executed by the highest bidder
5. Judicial Foreclosure of Mortgage
· Court Order directing the sale by public auction
· Deed of Sale issued by the sheriff
6. Execution Sale
· Notice of levy or attachment must first be annotated accompanied with a writ of execution
· Certificate of Sale
· Final Deed of Sale
7. Registration/Sale of Subdivision Project
License to Sell
· Development Permit
· Certificate of Registration
For other requirements, such as for annotation transaction, subdivision and/or consolidation transactions, condominium transactions, and subsequent transfer of CCTs, please visit this page from the Land Registration Authority Website.
Basic guidelines in the registration of land that is already registered and with free of title dispute
1. Prepare the notarized deed of sale and related documents. Lawyers usually charge notarize fee of 1% of the selling price stated in the deed of sale.
2. Secure certified true copy of latest tax declaration and certificate of “with improvement” from the City Assessor’s Office (CAO) where the real property is located
3. Pay documentary stamp tax / capital gains tax / withholding tax at the authorized agent bank (AAB). You may inquire at the Bureau of Internal Revenue (BIR) office in your jurisdiction for the computation of the related taxes. The following articles shall guide you:
4. Obtain Certificate Authorizing Registration (CAR) from the Bureau of Internal Revenue (BIR)
5. Obtain tax clearance certificate of real property taxes from the Land Tax Division of the City Treasurer’s Office (CTO)
6. Pay the transfer tax at the CTO
7. Obtain new tax declaration over the building and the land in the name of buyer from CAO
8. Apply for registration with the Register of Deeds
Certificate Authorizing Registration (CAR) is a certification issued by the BIR Commissioner or his duly authorized representative attesting that the transfer and conveyance of land, buildings/improvements or shares of stock arising from sale, barter or exchange have been reported and the taxes due inclusive of the documentary stamp tax, have been fully paid.
CARs shall now have a validity of one (1) year from date of issue. In case of failure to present the same to the Registry of Deeds (RD) within the one (1) year period, the same shall be presented for revalidation to the District Office where the CAR was issued. The revalidation, evidenced by stamping the phrase “revalidated on __________ to expire on ___________” in a conspicuous space in the CAR, shall be good for another one-year period, after which the CAR losses its validity. (RMO 15-2003)
Other information you need to know in registering land in the Philippines
To learn more about (1) Original Registration Proceedings: application, forms, publication, opposition, hearing, decree of registration, etc.; (2) Cadastral Registration Proceedings, (3) subsequent registration (4) annotation, and other important information on land registration in the Philippines, please download and read the copy of Presidential Decree No. 1529 known as the Property Registration Decree here.
For inquiries, please visit the nearest Land Registration Authority Office in your area. You can also visit their official website at www.lra.gov.ph