Research Land Titles and Deeds

7/28/2019 Research Land Titles and Deeds

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LRA Project: Negation in the use of discretion through standardized procedures and

documentary requirements, and conscious effort in curbing corruption

The LRA is mandated to register lands in order to provide a secure, stable andtrustworthy record of land ownership....

1One of the commitments by LRA to achieve this is

[t]hrough honest, prompt and efficient service to preserve and maintain the integrity of landrecords....2

In reality, however, the use of discretion in registering lands has been a problem inthe various Registry of Deeds, which has been a source of corruption in the discharge of duties of

the employees of the registries.3

Such is the case in spite of the rule that [r]egistration must first

be allowed and the validity or effect litigated afterwards.4

Registering land has been tedious dueto the difference in documentary requirements and fees in various places in the Philippines. You

will see below the varied fees and expected issuance of the titles in different registries in the

Philippines:5

Amount Number of Days

Makati City P23, 863 10

Caloocan City P21,261 10Muntinlupa City P21,261 10

Batangas City P23,863 21

Cebu City P23,434 5

Davao City P24,322 14

The amount consists of the registration fee, legal research fee, judicial form fee, IT fee,

primary entry fee, registration fee for specific documents, fixed entry fee for specific documents,legal research fee for specific documents, annotation fee, and fee for the issuance of new transfer

certificate of title.6

Also, land valuation remains to be varied. The systems are used for different purposesincluding real property taxation, compensation for land acquired for public investment, and for

land valuation under the CARP. Valuations are often doubtful, incorrect, and influenced by local

politics.7

Below, is a graphical representation of how dispersed data source for valuation is:8


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There is also the existence two system of registration, which has created confusion

among applicants, and other people dealing with it. There are instances where the two

proceedings involve the same land. Like in the case of Abrigo v. De Vera9, where it was said that

a land, covered in a Torrens Title, is sold but the sale was registered under Act 3344, the sale is

not registered.

Definitely, there are venues by which the government can acquire more than what is duethem. In 2010, the Office of the Ombudsman charge charged 12 people, including two officials

of land agencies, for faking land titles in exchange for money.10

The issuance of fake titles in

exchange for money, however, is not always the case. In 2011, Quezon City Register of DeedsElbert Quilala admitted to issuing a spurious title for 23.7 hectares of prime property in Quezon

City in favor of suspected land-grabbing syndicate leader Wilfredo Torres before the justice

committee of the House of Representatives. He said that he issued the title to Torres under pain

of indirect contempt orders from two branches of the regional trial court in the city, one of whichwas hearing the land dispute between Torres and spouses Manuel and Rosalina Alio. So it can

be said that the court also took part in the issuance of land title.11 In the words of Neal H. Cruz, a

columnist of Inquirer newspaper, one reason Torres and others like him can do their illegalactivities is that there are so many fake titles circulating. Why? Because corrupt government

employees having to do with land titlingincluding, alas, some judgescooperate with the

syndicates for a bribe.12

These practices have made the Land Registration Authority among the

corrupt agencies.

Aside from the amendment of laws, projects of the LRA can be strengthened and

improved in the fight against corruption. At present, there is the Nationwide Inter-Connectivityand Uniform Procedures in the Register of Deeds. The procedure and basic requirements are as

follows:13

How to Register:1. Approach the Registration Officer to check if you have the complete neededdocuments for your transaction. Complete the Transaction Application Form.

2. Submit complete documents and the Transaction Application Form to theEntry clerk and wait for the Claim Assessment Slip.

3. Proceed to the cashier and pay the registration fee and IT fees indicated inthe Claim Assessment Slip. Receive receipt and claim stub.

4. Claim document from the Releasing Clerk on the date indicated on the claimstub.

Basic Requirements for Registration:

1.

Original of the deed/instrumentIf original document cannot be presented, the duplicate original or certifiedtrue 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 property3. If titled property, owners copy of the certificate of title, and all issued co-

owners copy if any

Note:


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a) If a document was executed abroad, a Certificate of Authentication by thenearest Philippine Consulate is required.

b) If either party is a corporation, the following are also required:i. Secretarys Certificate/Board Resolution indicating the authorized

signatory(ies) and the scope of authority

ii.

Articles of Incorporationiii. Certificate of SEC that the articles of incorporation has beenregistered

There are other requirements for other types of transactions:14

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 gainstax or donors tax, as the case may be

2.

Real property tax clearance re: up-to-date payment of taxes3. Proof of payment of transfer tax4. If the land is covered by CARP, DAR clearance and Affidavit of

Landholding of transferee

For Annotation Transactions:All annotation transactions require the following documents in addition to the

basic requirements:

1. Real property tax clearance re: up-to-date payment of taxesAdditional requirements for specific types of annotation transactions:1. Mortgage / Lease

Documentary stamp tax

For Subdivision and/or Consolidation Transactions:All subdivision/consolidation transactions require the following documents aside

from the basic requirements:

1. Letter request for subdivision/consolidation2. Sepia or polyethylene film of the plan duly approved by Land Registration

Authority or the Land Management Bureau

3. Blue copy of the plan4. Original technical description (duly approved)If with change of ownership, the following additional documents are required:

1.

Agreement of partition2. Real estate tax clearanceFor Condominium Transactions:If CCTs are to be issued for the first time in the name of the registered owner,

the following are required:1. Master Deed2. Declaration of Restriction


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3. Diagrammatic Floor Plan4. Letter request for issuance of individual Condominium Certificate of Title5. Certificate of Registration with HLURB6. Development permit7. License to sell8.

Owners duplicate of the title of the land and all issued co-owners duplicate,if any

For subsequent transfer of CCTs1. Certificate of Management

This standardized procedure is very promising. It is an ideal set-up, considering the other

memos issued by the LRA in order to prevent discretion in the registration:15

Circular No. 08-2002

Posting of Workflow Chart, Task Allocation Chart and Personnel Locator

Section and Division at the Central Office and Registry of Deeds

Circular No. 16-2003

Reiterates the Prohibition on Package Deal stated on an earlier Circular issued on 8August 1995

Circular No. 32-2005 (September 15, 2005)

Directing all LRA officials and employees to be conscientious in preventing graft andcorruption

activities in their respective offices

Indeed, the LRA is finding ways in order to remove the stigma of being one of the most

corrupt government agencies in the country. Of course there is no assurance that all registry ofdeeds in the country are faithfully complying in all the guidelines, but nonetheless, there appears

to be a conscious effort on the part of the LRA to curb corruption. In fact, the LRA recognizing

the Top 20 most efficiently managed register of deeds is a manifestation that said agency has its

eyes on the different register of deeds.16

And in 2005, the LRA Internal Audit Unit was createdby virtue of Circular 26-2005 as part of its continuing efforts to prevent corruption.

17

The Office of the Ombudsman has initiated the Integrity Development Review, by whichthe LRA is a participant.

18It is [a] process of building and sustaining the agencys ability to

prevent corruption from happening. It is about integrating corruption resistance strategies into

the various organizational facets of an agency so that factors that tend to contribute to corrupt

behaviour can be checked and those that discourage corrupt acts or malfeasance are reinforced.

16

The documents available online are for the year 2007. These are useful as you would be able to

trace where possible undue advantage begins, and there are suggestions on how the agency

would be able to improve itself. Below is an excerpt of the Risk Assessment Guide on theIssuance of Decree of Registration:

19


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Activity Responsible Objective Risks Likelihood Signi- Control Assessment/Areas

Unit/ of occur ficance Activities for

Person rence of Risk Improvement

Here is another excerpt on the Subsequent Registration:20

And, here is another on Judicial Reconstitution:21


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Improvement of the system in the LRA, particularly in the Register of Deeds, does not

happen overnight. It is really important to identify the factors causing the problem, in order that

measures may be implemented to prevent corruption. At the very least, it is fortunate that we seehow such things are continuously being addressed. What must also be considered is for as long

as applicants allow such corrupt practices to happen, there would always be corruption in the

register. There should also be a conscious effort not to allow such practices on the part of thepublic seeking the services of said government agencies.

Endnotes

1 http://www.lra.gov.ph2 Ibid.3 Ibid. LRA projects

4 Gurbax Singh Pablo & Co. vs. Reyes and Tantoco, 92 Phil. 182-183

5 http://www.doingbusiness.org

6 Ibid.

7 Leni Lebrilla, Addressing policy gaps in the land administration system, Policy Brief No.2011-4, Congressional Planning and Budget Department, House of Representatives,

20118 G.R. No. 154409, June 21, 2004

9 http://www.lra.gov.ph10 http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101016-297974/12-rapped-

for-faking-land-titles

11 http://newsinfo.inquirer.net/62953/torres-land-title-fake-qc-official-tells-house

12 http://opinion.inquirer.net/11763/why-are-the-land-grabbers-still-out-of-jail

13 Ibid.14 Ibid.

15 Development Academy of the Philippines, Integrity Development Review of the LandRegistration Authority (List of Annexes), Office of the Ombudsman, 2007

16 http://www.lra.gov.ph17 Development Academy of the Philippines, Integrity Development Review of the Land

Registration Authority (List of Annexes), Office of the Ombudsman, 2007

18 Development Academy of the Philippines, Integrity Development Review of the NationalIrrigation Authority, Office of the Ombudsman, 2007

19 Ibid.20 Development Academy of the Philippines, Integrity Development Review of the Land

Registration Authority (Risk Assessment GuideIssuance of Decree of Registration),

Office of the Ombudsman, 2007

21 Development Academy of the Philippines, Integrity Development Review of the LandRegistration Authority (Risk Assessment GuideSubsequent Registration), Office of theOmbudsman, 2007

22 Development Academy of the Philippines, Integrity Development Review of the Land

Registration Authority (Risk Assessment GuideJudicial Reconstitution), Office of the

Ombudsman, 2007
http://www.lra.gov.ph/http://www.lra.gov.ph/http://www.doingbusiness.org/http://www.doingbusiness.org/http://www.lra.gov.ph/http://www.lra.gov.ph/http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101016-297974/12-rapped-for-faking-land-titleshttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101016-297974/12-rapped-for-faking-land-titleshttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101016-297974/12-rapped-for-faking-land-titleshttp://newsinfo.inquirer.net/62953/torres-land-title-fake-qc-official-tells-househttp://newsinfo.inquirer.net/62953/torres-land-title-fake-qc-official-tells-househttp://opinion.inquirer.net/11763/why-are-the-land-grabbers-still-out-of-jailhttp://opinion.inquirer.net/11763/why-are-the-land-grabbers-still-out-of-jailhttp://www.lra.gov.ph/http://www.lra.gov.ph/http://www.lra.gov.ph/http://opinion.inquirer.net/11763/why-are-the-land-grabbers-still-out-of-jailhttp://newsinfo.inquirer.net/62953/torres-land-title-fake-qc-official-tells-househttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101016-297974/12-rapped-for-faking-land-titleshttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101016-297974/12-rapped-for-faking-land-titleshttp://www.lra.gov.ph/http://www.doingbusiness.org/http://www.lra.gov.ph/

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