PHILIPPINES

How Are Land Titles Transferred in the Philippines?

BY Lamudi 
7 September 2016 
Resources, Tips and Advice

Remember, ownership is not complete until the buyer registers the land title under his or her name

Note: This article is an updated version of the one published last March 11, 2015.

Disclaimer: Although much effort has been made in the creation of this guide, Lamudi Philippines and OMI Land Title Services advise homebuyers to

always consult with professionals, such as real estate brokers and lawyers.

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 of land title transfer should not 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.

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 notarized, deadlines for tax payments are already in effect. Should you fail to meet these deadlines, the penalties

and surcharges that you will incur will certainly make a dent on your pocket. Sometimes, if payment has been delayed for several years, this amount

might be even greater than the value of the property at the time it was bought.

Ideally, even before the property is purchased, you should already plan a land title transfer. This is just to make sure that even if you are not be able to

do it yourself, you have someone doing it for you whom 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 Bureau of

Internal Revenue Regional District Office (BIR RDO)
These are the documents you need to have on hand:

Original copy of the notarized Deed of Absolute Sale (DAS), plus two photocopies

Owner’s duplicate copy of the Transfer Certificate of Title (TCT) or the Condominium Certificate of Title (CCT) in case of sale of
 condominium units, plus two

photocopies

Certified True Copies of the latest

Tax Declaration for land and

improvement of the real property

plus two photocopies. If the

property sold is a vacant lot or no

improvements have been made on

it, a Sworn Declaration of No

Improvement by at least one of the

transferees or Certificate of No

Improvement issued by the city or

municipal assessor
Tax Identification Numbers (TIN)

of the Seller and Buyer

In some cases, additional

requirements may need to be submitted, including the following:

Special Power of Attorney (SPA), if the person signing on the document is not the owner as it appears on the TCT or CCT
Certification of the Philippine Consulate if the SPA is executed abroad

Location plan or vicinity map if zonal value cannot readily be determined from the documents submitted

Such other requirements as may be required by law, rulings, regulations, or other issuances

For documents required in case of mortgage, judicial or extra-judicial settlement of estate, judicial and extra-judicial foreclosure of

mortgage, consolidation of ownership, execution sale, and condominium project, please refer to Documentary Requirements for the

Registration of Real Property with the Register of Deeds

2. Secure assessment of transfer taxes at the BIR and Authorized

Agent Bank (AAB) or Municipal or City Treasurer’s Office
After filing your documentary

requirements, a BIR representative

will calculate your Capital Gains Tax

(CGT) and Documentary Stamp Tax

(DST), after which they will ask you to

sign three copies each of the BIR

Form 1706 (CGT) and BIR Form 2000

(DST). These will have to be filed at

AAB. For areas where there are no

AABs, they will be filed with the

Authorized City or Municipal

Treasurer.

3. File
documents at the
BIR for the
issuance of Certificate Authorizing Registration (CAR) or BIR
Clearance
You will receive a claim slip with the claim date of the CAR, which will be released along with the following documents:

Original copy of the Deed of Absolute Sale stamped as received by the BIR

Owner’s Duplicate Copy of the TCT or the CCT

 Original copies of the BIR Form

1706 (CGT) and Form 2000 (DST)

stamped as received by the BIR

Copies of the Tax Declaration for

land and improvement

According to BIR Memorandum Order

No. 15-03, BIR RDOs should release

CARs for all One Time Transaction

(ONETT) within five days of

submitting all documentary

requirements.

4. Pay the
Transfer Taxes
and secure the
Tax Clearance at the Local Treasurer’s Office
Aside from paying the Transfer Tax,

you also need to produce the

following documents for the issuance

of the Tax Clearance:

Original and one photocopy of the

Deed of Absolute Sale

Photocopy of the Tax Declaration

Official Receipt of Payment of Real

Property Tax and Special

Education Fund Tax for the current

year

5. File
documents at the
Registry of
Deeds for the issuance of new land title
The new Owner’s Duplicate copy of

the TCT and CCT in your name will be

released once you have presented all

of the following documents:

Original Copy of the Deed of

Absolute Sale stamped as received

by the BIR, plus three photocopies

Seller’s Owner’s Duplicate Copy of

the TCT or CCT

Original Copy of the CAR

Original Copy of the Tax Clearance

Original Copies of Official Receipts

of Payments of CGT, DST, Tax

Clearance Certificate, and Transfer

Fee

Original Copies of the Current Tax

 Declaration for land and improvement issued by the local assessor’s office

If the seller or buyer is a corporation, submit the following requirements: (a) Secretary’s Certificate authorizing the sale of the real property;

and (b) Certified True Copy of the Articles of Incorporation and By Laws of the seller or buyer corporation

6. File documents at the Municipal or Provincial Assessor’s Office

for the issuance of new Tax Declaration
For the release of the new Tax

Declaration, you need to present the

following documents:

Photocopy of the Deed of Absolute

Sale

Photocopy of the TCT or the CCT

Photocopy of the CAR

Photocopy of the Transfer Tax

Receipt

Photocopy of the latest Tax

Receipt or Tax Clearance

Some local assessor’s offices, such

as that of Makati City, require these

additional documents: (a) Subdivision

Plan, if lot is subdivided; and (b) Full-

color photos of the house, lot, or

condominium unit

It is important to note that the last step is often missed out. Transferring ownership of a Tax Declaration should always be done after Land Title

Transfer as the name on the Land Title should 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 buying a property to avoid encountering problems later on and

paying a huge penalty for late transfer.

OMI Land Title Services assists in solving a wide range of land and property issues, including title transfer, title verification, lost titles, extrajudicial

settlement, and unpaid property taxes. Call them at +632 884 1106 to learn more about land title transfers.

Main image via Shutterstock

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