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.

Thursday, March 22, 2012

UNDER OATH

A lawyer who appears before the Supreme Court, Court of Appeals, Sandiganbayan, Commission on Elections or other similar bodies with two or more sitting justices, commissioners or hearing officers, should expect being asked a lot of questions and will sometimes be humiliated for not coming prepared.

But Wow! Oh boy! And wha!

Seldom do we see a witness being reprimanded, confronted and bombarded by magistrates with questions, and straightforward statements or even being read and lectured on provisions of the law pertaining to possible civil and criminal liabilities. These are unprecedented and history has not been too kind as they unfolded because there were valid reasons. A witness was blurting out inconsistent statements and answers to the questions thus propounded. They were answers which the magistrates tried to reconcile with one another but eventually gave up for reasons known only to them or merely due to lack of time.

In fairness . . .

The witness may not have the luxury of time or opportunity to go over his notes or calendar. Maybe, human memory sometimes when under too much pressure could not process information stored in it right away. The court room itself may just be so intimidating enough to paralyze an otherwise clear and responsive mind. The sight of television cameras, batteries of lawyers, congressmen and observers seated at the galleries, and the overwhelming number of judges in full regalia, make ups and haircuts, and the fact that the credibility of the witness has been questioned due to his association and closeness with the number one critic of the impeached official - now tell me and all, would you have done better?

Well, at least someone did - the buyer of the Marikina property.

Bottomline.

Just be who you are and bear in mind that when you took your oath, you have sought God's help for you to tell the truth.


Sent from my BlackBerry®

Saturday, March 10, 2012

GUIDELINES ON HOW TO DETECT FAKE TITLES

1.    Check if the initials, signatures, technical description, annotation and other component elements appearing on the front and at the back of the original are exactly the same as that appearing on the owner's duplicate copy of the title.  Any variance is a ground for suspicion;

2.    Judicial Forms for titles are considered accountable forms.  A serial number is assigned to each judicial form.  The serial number to be used for the original copy is printer in rd and the serial number for the duplicate copy is in black.  The LRA distributes the judicial forms with serial number in consecutive order to the various Registries of Deeds.  Any certificate of title bearing a serial number which is not among the ones delivered to a particular registry is of doubtful authenticity;

3.    A number is assigned to each judicial form.  It is indicated on the upper left-hand corner of the form.  Example:  Judicial Form No. 109 is used for the original copy of the TCT which emanated from a decree of registration and Judicial Form No. 109-D is used for the title is not the proper form as indicated by the Judicial Form number, this should be investigated;

Immediately below the Judicial Form number is the year the form was printed or revised.  If, for instance, the judicial form on which the title was prepared bears a date previous to the time when such form was printed or revised, then this is a ground for suspicion;

4.    The owner's duplicate copy of the title contains the words "Owner's Duplicate Certificate" on the left side margin of the judicial form.  On the lower left corner of the form is affixed a red seal.  The seal should not blot or stain when wet;

5.    The last two digits of the title number should correspond with the page number of the registration book indicated on the upper right corner of the title.  Any variance should be investigated;

6.    A reconstituted transfer certificate of title is identified by the letters "RT" preceding the title number, while the reconstituted original certificate of title carries the letter "RO" before the title number;

7.    The Central Bank judicial form is printed on security paper which contains security features.  The paper is 50% cotton and 50% chemical wood pulp with artificially colored silk fibers.  It has a NALTDRA or LRA watermark which can be seen if held against the light.  Patently fake titles are usually printed in forms made of cartolina or some other material of inferior quality.

8.    Check if the Register of Deeds  who signed the title was the incumbent register of deeds at the time the title was issued;

9.    Check the entry of a related transaction in the Primary Entry Book to be certain that the title was issued on the basis of a duly registered document;

10. Check the Enumeration Book or logbook which contains information on the personnel assigned to prepare the title on a certain date and the serial number of the judicial form used;

11. Check the Releasing Book if there was a title of  such number that was released by the registry on that certain date;

12. Of necessary, trace the history of the title to determine the genuineness of its source.  This may entail going back to the mother title, the derivative titles and relevant documents.

13. If necessary, trace the history of the title to determine the genuineness of its source.  This may entail going back to the mother title, the derivative titles and relevant documents.

Source : Land Registration Authority (http://lra.gov.ph/files/guidefake.htm)


DEAL ONLY WITH LICENSED BROKERS

The real estate industry has evolved through the years to become as among the most regulated industry in the Philippines. This is understandable particularly when the real estate boom of the 70's and 80's has produced quite a number of real estate agents even without being licensed to broker real estate deals. As a result, the public had been unduly exposed to overpricing, unprofessional advise, amateur deals, fly by night sales, and other unpleasant and sometimes fatal experiences with these kind of unlicensed real estate sales people. While the unlicensed comprise the bulk of real estate sales networking, they are also responsible for most of the failed deals.

Under existing laws, the Professional Regulations Commission had been tasked to insure that only those are qualified and competent to deal in real estate transactions shall be given the requisite license. Therefore, apart from consultants, appraisers and brokers, salespersons must go through the process of licensing.

If you, as a buyer or as a seller of real property would want to be assured of a fair and legitimate deal, then talk to a licensed broker. They are bonded and have undergone several hours of training aside from the passing the mandatory government examination. They are not fly-by-night dealers and the PRC has made sure that appropriate documentation have been accomplished before license is issued.

Deal with licensed real estate brokers, ask for their PRC License. They will be glad and more than willing to show the license to you. Besides, not all has one.