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Transcript of Manila
7/17/2019 Manila
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MANILA, Philippines - With its agency-wide computerization
program now in place, the Land Registration Authority (LRA has
signi!icantly shortened its land titling process to !i"e easy steps
which can #e ta$en in a single "isit to any register o! deeds (R%
o!!ice anywhere in the country&
As a result o! the LRA's computerization program, the agency has
streamlined the processing and issuance o! land titles, LRA
Administrator ulalio %iaz said&
ssentially, there are only !i"e easy steps to ta$e !or a landowner inapplying !or a title to the property&
)tep *& )u#mit the con"eyance instrument and all supporting
documents to the entry cler$ at the R%& +he applicant will recei"e an
electronic primary entry #oo$ (P num#er to con!irm receipt o!
the con"eyance instrument and supporting documents&
)tep & Pay the corresponding !ees&
)tep .& +he documents will #e turned o"er to the e/aminer who will
chec$ i! all the re0uirements ha"e #een met, a!ter which the
in!ormation would #e encoded&
usiness ( Article MRec , pagematch1 *, sectionmatch1 *
)tep 2& I! the re0uirements are complete, the R% appro"es the
applicant&
)tep 3& A new land title will !inally #e printed and issued to the
applicant&
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+he LRA stresses, howe"er, that application !or land titles is strictly
conducted on a 4!irst in registration, !irst in right5 #asis&
+his simply means that the person or entity who registered the land!irst gets the legal pre!erential right to own it !irst, according to %iaz&
+o ward o!! con!licts in land ownership, other claimants to the same
property cannot stop the registration process pro"ided the !irst
applicant has #een a#le to success!ully enter the instrument in the
register o! deeds, and has #een issued an P num#er con!irming
receipt o! su#mitted documentary re0uirements, and payment o! theproper !ees&
An e/emption to the rule is through a temporary restraining order
issued #y the court, or when the applicant !ailed to meet the
re0uirements, in which case the application could #e denied and the
su#mitted instruments deemed 4not registra#le,5 %iaz said&
6owe"er, any registrant whose application !or registration was
denied #y an R% can still !ile an appeal called 4consulta5 with the
LRA head o!!ice& 7onsulta re!ers to the 0uasi-8udicial power o! the
LRA to re"erse or a!!irm the R%'s decision, as the case may #e&
49or this purpose, it is imperati"e that the chie!s o! the o!!ices o!
register o! deeds should #e lawyers #ecause the position re0uires
good $nowledge o! the law,5 %iaz said&
+here are three #asic reasons why the LRA issue land titles1 sale o!
the property, consolidation resulting !rom mortgage !oreclosure, and
in"oluntary transactions such as court orders&
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+itling !or unregistered lands !ollows either o! two di!!erent routes1
the 8udicial way and the administrati"e way&
+he 8udicial way in"ol"es !iling a petition in court !or originalregistration o! title !or a property with no e/isting title& +he claimant
must #e a#le to present proo! o! land possession, along with all
other re0uirements #y the court&
A!ter resol"ing the petition, the court will issue an order directing the
LRA to issue a decree o! registration, and the corresponding original
certi!icate o! title (:7+ that will #e registered with the R%&
:n the other hand, the administrati"e way is coursed through the
%epartment o! n"ironment and Natural Resources (%NR and
other agencies that ha"e authority to issue pu#lic land title& +he
claimant can go to the %NR and apply !or a patent&
+he application is thoroughly screened, and i! !ound meritorious, a
patent title which has the same !unction as a +orrens title, is issued
and registered with the registry o!!ices&
How Are Land Titles Transferred
in the Philippines?BYLamudi 11 March 2015Tips and advice
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Remember, ownership is not complete until the buyer registers
the title under his name.
Most people know that buying a property is not a simple task,
but very few appreciate how much more complicated the
process of transferring land titles from the seller’s name to the
buyer’s name is. The importance ofland title transfer should not
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be underestimated. Remember, this is where you, as a buyer,
will start claiming the property as your own. The issuance of a
new land title under your name will be your proof of ownership;
otherwise, you might be facing technical, legal, and financial
problems later on, because of an improper land title transfer or
the absence of it.
© Shutterstock
Where Does It Start?
The process of buying a property does not end with paying the
seller and executing a Deed of Sale. What is important for you
to remember is that once the Deed of Sale has been signed and
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notarized, deadlines for tax payments are already in effect.
Should you fail to meet these deadlines, the penalties and
surcharges will certainly make a dent on your pocket.
Sometimes, if payment has been delayed for several years, this
might be even bigger than the value of the property at the time it
was bought.
Ideally, even before the property is purchased, you should
already plan on land title transfer just to make sure that even if
you will not be able to do it yourself, you have someone doing it
for you, you can trust. Remember, ownership is not complete
until you register the title under your name.
These are the steps for
transferring a land title:
1.File and secure the documentary requirements at the
Registry of Deeds and Municipal or Provincial Assessor’s
Office.
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2. Secure assessment of transfer taxes at the Bureau of
Internal Revenue (BIR) and Municipal or City Treasurer’s
Office.
3.File documents at the BIR for the issuance of Certificate
Authorizing Registration (CAR) or BIR Clearance.
4.Pay the Transfer Taxes and secure the Tax Clearance.
5.File documents at the Registry of Deeds for the issuance
of new land title.
6.File documents at the Municipal or Provincial Assessors
Office for the issuance of new Tax Declaration.
© Ingimage
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It is important to note that this step is often missed out.
Transferring ownership of aTax Declarationshould always be
done afterLand Title Transfer as the name on theLand
Titleshould coincide with the name indicated on the Tax
Declaration.
These steps will require you to go back and forth between
multiple government agencies. In addition, the whole procedure
could take several months to complete, more so if there are
problems with the property’s existing documents or records. The
process might also require constant follow-ups with the
government agencies, and sometimes it is necessary to
personally visit the respective agencies to follow up and speed
up the process.
If accomplishing these tasks personally is not possible for you,
then it would be wise to look for someone, a duly registered
company preferably, who has expertise in this matter.
Remember, you must transfer ownership immediately after