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Note:
a. If a document was executed abroad, a Certificate of Authentication by the nearest Philippine
Consulate is required.
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 donors 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
4. Consolidation of Ownership
Affidavit of Consolidation of the purchase or Final Bill of Sale executed by the highest bidder
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
License to Sell
Development Permit
Certificate of Registration
The rules governing property ownership in the Philippines is handled by the Land Registration Authority
(LRA), and is primarily based on the Torrens System of Land Registration. A Registry of Deeds (RD) is
assigned to keep records of every land title in a city or municipality, they keep the original copy of
registered land titles; while an Owners Duplicate Certificate is given to the current property owner.
In this article, well give you a step-by-step procedure on how to get a certificate of land title for a
property that was already registered. This procedure is otherwise known as transfer certificate of land
title, where the land or property purchased is already registered at the RD by the seller, and he or she is
transferring the title to you- the buyer.
Requirements:
Notarized Deed of Absolute Sale and photocopies thereof
Latest tax declaration of the property
Certificate Authorizing Registration (CAR) and 3 photocopies thereof
Sellers Certificate Authorizing Registration- This is what the seller got from the BIR after paying the
capital gains tax and doc stamp tax
Receipt from BIR confirming payment of Capital Gains Tax, Documentary Stamp Tax
Receipt from Assessors office for the payment of Transfer Tax
How to Get a Transfer Certificate of Title
1. The owner and buyer agree on the sale of property and which of them pays the taxes included
in the process. A lawyer creates a duly notarized Deed of Absolute Sale (DOAS), which is a
document proving the legal transfer of the propertys ownership. After that, the Deed of Sale
should be taken to the RD for the transfer of title to be recorded. This is important for the
buyers protection.
2. Go to the Assessors office of the municipality or city where the property is based, then request
for a certified true copy of the latest Tax Declaration on the property. This is needed for the BIR
to assess the taxes to be paid like CGT or CWT, whichever is applicable, depending on whether
the property is a capital or ordinary assets, DST, and for the issuance of the certificate
Authorizing Registration or CAR
3. Go to the Regional District Office (RDO) of the Bureau of Internal Revenue (BIR) that handles the
propertys location. Fill out the applicable forms and pay the Capital Gains Tax (CGT), which is
6% of the selling price (SP) or the zonal value of the property, whichever is higher; and
Documentary Stamp Tax, which is 1.5% of the (SP) on the DOAS or zonal value; whichever is
higher. As practiced in the Philippine real estate market, the buyer usually pays for Documentary
Stamp Tax and all other transfer costs, while the seller pays for the Capital Gains Tax or CWT,
whichever is applicable. However, this is not true for all cases because the seller and buyer can
create a different agreement as to who pays the taxes, as long as both parties agree in writing
before the DOAS is notarized.
4. File a request for Certificate Authorizing Registration (CAR) at the BIR. This document is a
certification proving that the transfer of property has been approved by the BIR and that the
taxes due on the said property have already been paid. Hence, this document gives the RD the
go signal to transfer the title to the sellers name.
5. Go back to the Assessors office and pay the transfer taxes.
6. Finally, go back to the Registry of Deeds and show the official receipts of the paid taxes from the
BIR and Assessors office, and the Certificate Authorizing Registration. Pay the registration fee,
which is based on graduated rates set by the LRA based on SP
How to determine if the Title Presented by the Seller is Authentic
Ask the seller for a copy of the certificate of title, then go to the Registry of Deeds and ask for a certified
copy of the propertys title. The copy usually costs 100 pesos (2.5 USD), but that depends on the
municipality or city where the property is located. Sometimes, it can take a few days to get this.
Once you have the copy, check that all details on the certified copy and sellers title are identical.
Everything has to be identical, down to the last letter. If there are discrepancies, you should ask the
seller to verify this.
Check if the property has any liens, existing mortgage, property ownership claims, or restrictions.