Practical Guide in Transferring Real Properties in the Philippines

Are you planning to transfer your properties in the Philippines? The following are the practical guide in transferring real properties either by way of sale, donation or inheritance:

1.Determine the citizenship of owner-seller like is he a Filipino –naturalized, or non-Filipino.

2. Determine the age of the parties, whether of legal age or minor.

3. Determine the civil status of the parties, whether married or single.

4. What is the regime over the ownership of the property. Is it an exclusive property, conjugal, or co-owned?

5. Interview the barangay officials, homeowners’ association officials, and neighborhoods within the immediate vicinity regarding ownership and occupation or

possession of the property.

6. Double check if the registered owner is still alive or dead. Determine the date of sale

or transfer.

7. Take note of the restrictions, encumbrances or liens on the property, which are normally annotated at the back of the title.

8. Trace back the title and watch for possible adverse claims or liens annotated on the

title until you reached the registered owner indicated in the approved land survey or

lot plan on file with the LRA or Bureau of Land.

9. Check if the title is original or reconstituted (judicially or administratively).

10.Determine the manner of previous acquisition, whether by purchase, donation,

inheritance.

11. Secure a copy of the owner’s duplicate original copy of title (OCT, TCT, or CCT);

compare owner’s copy with the certified true copy of the original copy of the title on file with the Register of Deeds; or if the property is untitled and covered only by a tax declaration or other evidence of ownership.

12. Check texture of the title and hold the title against the light to check if it bears the

security marks or water marks thereon (LRA or National Land Titles and Deeds Registration Administration) compare the serial number of the title with the documents on file with the LRA or the particular Register of Deeds that issued the same. The last two digits of the title number should be the same as the last two digits of the page number found at the top right portion of the title.

13. Verify from the Entry Book of the Register of Deeds, if the contract of sale which was the basis for the issuance of the subject title was recorded in said entry book on the date and time stated on the face of the title.

14. Check the name and signature of the Register of Deeds who signed the title and

make sure that he or she was the real Register of Deeds at the time the title was signed or issued.

15. Check history of real property tax payments with the Office of the Treasurer as well as the tax declarations on file with the Assessor’s Office.

16. Determine whether the person signing the deed of sale or transferor is the owner

himself and/or his/her spouse, or another person with special power of attorney, or a

corporation duly authorized by a Board Resolution approved by the Board of Directors thereof. The death of the principal automatically revokes the special power granted by him to his agent.

17. Verify the authentication or apostillization of public document (through notary public or other public officials).

18. Who will do the filing of appropriate tax returns and payment of taxes plus issuance

of tax clearance or Certificate Authorizing Registration (CAR) and/or Tax Clearance Letter (TCL); who will pay the income tax, withholding tax, if any, VAT and documentary stamp tax on the transaction – is it the seller or the buyer?

19. Who will pay the transfer fee to the local government unit concerned and entry fee

and other miscellaneous fees to the Office of the Register of Deeds?

20. Who will pay for the extra-judicial partition of property among the heirs as well as

other legal fees?

The aforesaid are the basic guide when you want to have a smooth and legitimate transfer of title into your name.

The above post does not create a lawyer-client relationship between you and me. While I am a lawyer, I am not your lawyer. It is still best for you to engage the services of your lawyer to address your specific legal concerns, if there is any.

Finally, the write ups stated above was written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future legal developments on the subject matter under discussion.

Thank you for dropping by. I hope we can spend time together here in my website during your coffee break.