Friday, May 18, 2012

What are the requirements to get a Certified True Copy/Certification/Verification?

Requirements: 

1. Letter of Request or Transaction Application Form (TAF).

2. Photocopy of Title.

3. Identification Card

How to Register: 

1. Approach the Registration Information Officer (RIO) to check if you have the complete documentary required for your transaction. Complete the TAF 

2. Submit complete documents and the TAF to the Entry Clerk and wait for the Claim Assessment Slip (CAS) 

3. Proceed to the Cashier and pay the Registration fee and IT Fees indicated in the CAS. Receive receipt and claim stub 

4. Claim document from the Releasing Clerk on the date indicated on your claim stub 

Same process apply on how to get the Certified True Copy/Certification

What are the 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

Note:

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

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 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 taxes

Additional 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/consolidation

2. Sepia or polyethylene film of the plan duly approved by Land Registration Authority or the Land Management Bureau

3. Blue copy of the plan

4. Original technical description (duly approved)

If with change of ownership, the following additional documents are required:

1. Agreement of partition

2. Real estate tax clearance

For 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 Deed

2. Declaration of Restriction

3. Diagrammatic Floor Plan

4. Letter request for issuance of individual Condominium Certificate of Title

5. Certificate of Registration with HLURB

6. Development permit

7. License to sell

8. Owner's duplicate of the title of the land and all issued co-owner's duplicate, if any

For subsequent transfer of CCTs

1. Certificate of Management

THE REGISTRIES OF DEEDS

Clients needing information about title to lands go to Registry of Deeds (RD) office concerned. It is in this office that the service rendered to the public by the Land Registration Authority is almost done. Today, there are 168 RDs nationwide. Specifically, an RD is tasked with the following:

1. Register deeds affecting registered (Act 496) and unregistered (Act 3344) properties as well as deeds on personal properties under the Chattel Mortgage Law;

2. Entry and issuance of original certificates of title (OCT) pursuant to judicial decrees and patents; entry and issuance of all transfer certificates of title pursuant to registration of all subsequent dealings, voluntary or involuntary, on registered lands;

3. Collection of entry, registration, legal research and assurance fund fees in accordance with the rates provided by the law;

4. Reconstitution of lost certificates of title in accordance, with the provisions of Republic Act No. 26 as amended by PD 1529;

5. Cooperation with other agencies of government in the collection of taxes and fees such as land transfer tax, capital gains tax, donor's gift tax, estate tax, real estate tax, residence tax, privilege tax;

6. Cooperation with other government agencies regarding the land reform program under PD 27 by complying with land reform requirements prior to registration;

7. Repository of all titles, deeds, and records within the limits of its jurisdiction.

8. It is also responsible for the following services;

  • Provision of records retrieval services regarding requests for the reference to, or research on any document, titles on file and issuance of certified true copies.
  • Verification of history titles.

Regional Registries of Deeds

  • Exercise immediate administrative supervision over all provincial and city Registrars of Deeds and other personnel within the region.
  • Implement all orders, decisions and decrees promulgated relative to the registration of land titles within the region and issue, subject to the approval of the Administrator, all needful rules and regulations therefore.
  • Implement policies, programs, memoranda, orders, circulars and rules and regulations of the Authority.
  • Answer queries relative to registration of deeds.
  • Coordinate with regional offices of other departments, bureaus/ agencies under the Department of Justice and with the local governments and police units in the region.
  • Extend speedy and effective assistance to the Department of Agrarian Reform, the Land Bank of the Philippines and other agencies in the implementation of the land reform program of the government.