there are 2 basic ways to have a property titled:

1) administrative: go to CENRO and ask what are the forms and processes required. you have to make
sure that the land is alienable and disposable. if your application is approved, an auction will be
conducted and then you will be issued an original title.

Titling of Lots

Tuesday, 26 January 2010 08:18

Titling

Titling refers to the process of as a proof of ownership. Different regions of PNP may avail of
the technical assistance from this service to title the properties of PNP acquired through
donation and purchase.

STEPS ON HOW TO ACQUIRE ORIGINAL CERTIFICATE OF TITLE

I. SURVEY OF LAND

The land shall be measured by a licensed surveyor or Geodetic Engineer who shall also
prepare the plan in tracing cloth or Diazo Polyester Film.

II. APPROVAL OF PLAN

The plan shall be approved by the Director of Lands or the Regional Lands Director or the
Regional Technical Director who has jurisdiction over the place where the property is located. The plan
shall have a technical description that is verified and certified by the Director of Lands or the Regional
Technical Director or his designated official authorized to issue such certification.

III. FILING OF APPLICATION

The application for land registration shall be typewritten and shall be filed at the Regional Trial
Court that has jurisdiction over the place where the land is located. It shall be in Seven (7) copies, which
shall be signed and sworn into by the applicant.

The application shall be supported by the following;

a. The original plan in tracing cloth duly approved by the Director of Lands/ Regional Lands Director/
Regional technical Director and Two (2) blue print copies duly certified by the aforementioned
officers.

b. Three (3) copies of technical description that conforms with LRC Circular No. 365 which duly
verified and certified by the Regional Technical Director or his authorized representative.

c. Three (3) copies of certificates from the surveyor or Geodetic Engineer or certificate of non-
availability from the Regional Technical Director; and

d. Four (4) copies of the latest Tax Declaration or Assessment Certificate from the Assessor’s
 Office where the land is located.

The application shall contain the following information;

a. Description of the land.

b. Civil Status of the applicant. If married, include the name of spouse. If separated (when, where and
what court gives the order of separation). If the applicant is of minor age, state the age.

c. Complete name and address of the applicant, the present occupant of the land, owners of the adjacent
lands if known, if not known, statement how shall they be located. If minor, complete name and
address of legal guardian.

d. Citizenship of the applicant.

IV. LAND REGISTRATION CASE NUMBER

The clerk of Court shall issue a Land Registration Case Number once the application has been received.

V. DATE OF HEARING

The court shall set the date and time of hearing for the application pursuant to Section 23, PD 1529 and
LRC Circular No. 353. The court order for the first hearing shall be sent to LRA together with the duplicate copy of
the application, original or certified copy of plan in tracing cloth, original duplicate copy of technical description,
surveyor’s certificate, latest tax declaration and proof of payment of publication to the Official Gazette.

VI. PUBLICATION

The Notice of Initial Hearing prepared by LRA shall be published at the Official Gazette and at the
newspaper of general circulation in the Philippines. The cost of publication of P1,012.50, if the application is for
each lot and an additional cost of P322.50 for every lot in excess of one lot, have to be paid by the applicant at the
Clerk of Court after filing the application. The amount paid shall be given to the Director of National Printing
Office.

VII. OPPOSITION

All persons who claim ownership or have interest over the land shall file opposition at the Court to be heard.

VIII.EVIDENCE

The applicant and the opposition shall present proof of ownership during the hearing.

IX. DECISION

After the hearing, the Court shall read the decision in favor of the person who has proven his ownership
over the land. If the decision has been declared final, the Court shall issue Court Order directing the Administrator
of LRA to provide Degree of Registration for the said person.

X. DECREE OF REGISTRATION

After receipt of the Court Order, the Administrator of LRA shall provide a Decrees of Registration with
number, written in the Original Certificate of title and the original Owner’s Duplicate Copy of it to be delivered
to the Register of Deeds of the place where the land is located.
 XI. CERTIIFICATE OF TITLE

After receipt of the original and duplicate copes of Original Certificate of Title or Decree of
Registration, the Register of Deeds shall assign an OCT number and shall be kept at the vault of the registry.
The Register of Deeds shall provide to the registered owner the owner’s duplicate copy of the Original
Certificate of Title after paying the legal fees thereof.

REQUIREMENTS FOR PETITION FOR RECONSTITUTION OF

ORIGINAL/TRANSFER CERTIIFCATE OF TITLE

The Petitioner is required to submit the following:

1. A signed copy of the petition;

2. A certification from the Register of Deeds concerned that the original of the certificate of title in the
Registry was either lost or destroyed;

3. Certification from the Lands Management Bureau that Patent title was issued to Lot No. _______;on
the basis of which the reconstitution is to be made, duly certified by the Clerk of Court pursuant to Par.
4 (a) of LRC Circular No. 35, and that the same is/are the true and faithful reproduction of the
document presented by the petitioner.

4. The original with two (2) duplicate copies and a Xerox copy of the original of the technical description
of the parcel of land covered by the lost/destroyed certificate of title, certified by the authorized officer
of the Land Registration Authority/Land Management Bureau;

5. The certified copy of lot data computation or area computation prepared by a duly licensed Geodetic
Engineer;

6. The sepia film plan with two (2) print copies of the subject parcel of land prepared by a duly
licensed Geodetic Engineer who shall certify thereon that its preparation was made on the basis of a
certified technical description;

REQUIREMENTS FOR REGISTRATION

VOLUNTARY TRANSACTIONS – (Sale, Donation, Settlement, Adjudication, Petition, Mortgage, Exchange,

Lease, Merger)

Common Requirements:

 Original copy of the Deed/Instrument

If the original copy can not be produced, the duplicate original or certified true copy shall be
presented accomplished with a sworn affidavit executed by the interested party stating why the original
copy can not be presented.

 Owner’s and co-owner’s copy of the certificate of title (if one had been issued), if the land is registered.

 DAR Clearance and Affidavit of Aggregate Land Holding of the transferee if the land is covered by CARP.

Specific Requirements:

1. Deeds of Transfer

a. BIR certificate authorizing registration re: payment of capital gains tax, estate tax and
donor’s as the case may be.

b. Revenue tax receipts evidencing payment of documentary stamp tax, if the amount paid
 is P10.00 and above.

c. Real Property tax clearance indicating the tax declaration number.

d. Proof of payment of transfer tax, except if the document was executed before July 1,
1973.

e. Affidavit and Certificate of No Improvements, in case no improvement by the Assessor’s

Office.

f. Tax declaration

Additional Requirements:

 For extra judicial settlement/adjudication - Affidavit of publication of the publisher/editor stating that
the deed/instrument had been published for the three (3) consecutive weeks.

 Sale of Subdivision Lots - License to sell and/or certificate of registration by HLURB (In case of
subdivision projects)

 Power of Attorney or any deed, instrument executed abroad - Certificate of authentication by the nearest
Philippine Consulate.

 Judicial Settlement of Estate

a. Order approving the project of partition.

b. Certificate of finality of the order/termination of special proceeding.

c. Letter of administration – if the property is encumbered or sold during the settlement

proceedings.

 Mortgage, Lease

a. Certificate of non-delinquency in the payment of real estate tax.

b. Documentary Stamp Tax

 Extra judicial Foreclosure of Mortgage

a. Certificate of sale by the sheriff.

b. Approval of the Executive Judge, RTC (except where the sale was conducted by the
notary public)

c. Documentary Stamp Tax

 Consolidation of ownership

Affidavit of consolidation of the purchase/deed of sale of the mortgage.

 Judicial Foreclosure of Mortgage

a. Court order directing the sale by public auction.

b. Certificate of sale issued by the sheriff.

 For Subdivision and/or Consolidation plan

a. Without change of ownership

 1. Letter request

2. Tracing cloth of the plan duly approved by the Land Registration Authority or the Land
Management Bureau.

3. Blue print copy of plan

4. Original technical description

b. With change of ownership

1. agreement of partition

2. real estate tax clearance

PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF DONATION:

1st Step Execute Deed of Donation

2nd Step Annotation of OCT or TCT and the executed deed of donation to the Office of the Register of
Deeds

3rd Step Proceed to the Assessor’s Office for the issuance of the following:

a. Payment of Realty Tax, if any

b. Latest certified copy of a Tax Declaration

c. Issuance of Tax Clearance

d. Payment of Transfer Tax, if any (75% of 1.0% of the assessed value)

e. Issuance of Transfer Tax Clearance.

4rth Step Proceed to District/Regional Office of BIR

1. Present the following:

a. Deed of donation

b. Owner’s Duplicate Copy of OCT/TCT

c. Tax Clearance

d. Transfer Tax Certificate

e. Certification of No Improvements from the Assessor’s Office and Affidavit executed by

the taxpayer

2. Payment of Donor’s Tax, if any

3. Issuance of Donor’s Tax Certificate

4. Issuance of Certificate Authorizing Registration (CAR)

5th Step Proceed to Register of Deeds

1. Present the following:

a. Owner’s Duplicate Copy of OCT/TCT

 b. Tax Clearance Certificate

c. Transfer Tax Receipt

d. Certified Copy of Tax Declaration

e. Realty Tax Clearance

f. Donor’s Tax Clearance

g. Certificate Authorizing Registration (CAR)

2. Filing of Application Form

3. Payment of fees, if any

4. Issuance of Transfer Certificate of Title

Note: Payments are made depending on the location of the property and year of acceptance. Tables of payments are
available in each office concerned.

PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF SALE:

1st Step Execute Deed of Sale

2nd Step Annotation of OCT or TCT and the executed deed of sale to the Office of the Register of Deeds

3rd Step Proceed to the Assessor’s Office for the issuance of the following:

a. Payment of Realty Tax, if any

b. Latest certified copy of a Tax Declaration

c. Issuance of Tax Clearance

d. Payment of Transfer Tax, if any (75% of 1.0% of the assessed value)

e. Issuance of Transfer Tax Clearance.

4rth Step Proceed to District/Regional Office of BIR

1. Present the following:

a. Deed of Sale

b. Owner’s Duplicate Copy of OCT/TCT

c. Tax Clearance

d. Transfer Tax Certificate

e. Certification of No Improvements from the Assessor’s Office and Affidavit executed by

the taxpayer

2. Payment of Capital Gains Tax, if any (7.5% of the Zonal Value)

3. Payment of Documentary Stamp Tax (1.5% of the Zonal Value)

4. Issuance of Capital Gains Tax Certificate

 5. Issuance of Certificate Authorizing Registration

5th Step Proceed to Register of Deeds

1. Present the following:

a. Owner’s Duplicate Copy of OCT/TCT

b. Transfer Tax Receipt

c. Certified Copy of Tax Declaration

d. Tax Clearance Certificate

e. Realty Tax Clearance

f. Documentary Stamp Tax

g. Capital Gains Tax Clearance

h. Certificate Authorizing Registration (CAR)

2. Filing of Application Form

3. Payment of fees, if any

4. Issuance of Transfer Certificate of Title

Note: Payments are made depending on the location of the property and year of acceptance. Tables of payments are
available in each office concerned.

DONOR’S TAX CLEARANCE REQUIREMENTS

1. Donor’s Tax Return (4 copies)

2. Deed of Donation (2 Xerox copies)

3. Title (back to back) (2 Xerox copies)

4. Latest Tax Declaration (back to back) ( 2 Xerox copies)

a. Tax declaration for improvement introduced in 1985 and prior years (2 Xerox copies)

b. Building Permit or occupancy permit for improvement introduced in 1986-1990) (2

Xerox copies)

5. If no improvement

a. Affidavit of no improvement secured from Lawyer (2 copies)

b. Certification from the City Assessor’s Office that there is no existing improvement (2
copies)

6. Donor’s tax return duly received by accredited bank (1 copy duplicate and 2 Xerox copies)

7. Birth Certificate or Sworn Statement of Relationship (2 copies)

8. Computation sheet accomplished by Revenue Officer (original)

9. Certification Fee (original)

 10. Documentary Stamp Tax (original)

11. Marriage Contract (1 Xerox copy)

REQUIREMENTS IN THE ISSUANCE OF PROCLAMATIONS/RESERVATIONS

Pursuant to Presidential Memorandum Circular No. 28 dated 10 January 1993, the following documents
for the processing of requests for Presidential Proclamation must be complied with:

1. Request for reservation by the Reservee.

2. Comments/Recommendation of the following:

a. Provincial health Officer duly concurred or recommended by the Regional Health Director
and Secretary of Health when it may affect the health of the people.

b. District Engineer of DPWH duly concurred or recommended by the Regional Director and
Secretary of DPWH.

c. Provincial Commander or the Chief of Staff of the Armed Forces of the Philippines in case of
military reservation duly concurred or recommended by Secretary of Department of National
Defense (DND).

3. Survey of the land to be reserved duly approved by the Regional Technical Director for lands
concerned and approved plan.

4. Verified and certified correct Technical Description.

5. Certified photographs (or visual documentation) showing panoramic view of the area subject of the
proposed proclamation as well as adjacent areas/vicinities improvements introduced, landmarks,
identifying features, settlements, if any, etc.

Land classification or Municipal Index Map projecting the area covered by the proposed
proclamation and land uses of the area and surrounding vicinities within two (2) kilometer radius.

ADDITIONAL REQUIREMENTS IN ACQUIRING REAL PROPERTY THROUGH

PRESIDENTIAL PROCLAMATION:

1. Approved Original survey of the property.

2. Tax declaration/TCT/OCT.

3. Certification from the Local Government Units.

4. Draft of presidential proclamation.

5. Recommendation Letter from CENRO.

CHECKLIST ON REQUESTS FOR EOS, AOS AND OTHER PRESIDENTIAL

ISSUANCES OR APPROVAL

1. JUSTIFICATION – an explanation on the economic administration or other justifications for

the requested issuance or approval.

2. LEGAL BASIS – a statement citing the legal basis for the requested issuances or approval.

3. AGENCIES INVOLVED – a statement enumerating the departments, agencies or offices that may
be involved in or affected by, the implementation of the requested issuances or approval.

4. COORDINATION WITH AGENCIES - A statement that the necessary coordination or

 consultations were made with the agencies involved or affected.

5. POTENTIAL PROBLEMS – a statement on the potential risks, problems, or complications, if any,

that may arise if the request for presidential issuances or approval is granted or denied.

PROCEDURE IN ACQUIRING PRESIDENTIAL PROCLAMATION:

1st Step Conduct research of the area.

2nd Step Execute survey of the area with the following activities:

 Request survey authority from CENRO (1 month).

 Execute survey (subdivision and topographic survey)

3rd Step Secure clearance/certification/endorsement from the following:

a. Office of the Mayor

b. Office of the Municipal Agrarian Reform Officer (DAR)

c. Office of the Municipal Planning and Development Officer

d. Office of the Provincial Engineer (DPWH)

e. Office of the Provincial Health Officer (DOH)

f. Office of the CENRO (DENR)

4th Step Prepare panoramic view of the area being requested for presidential proclamation.

5th Step Submit survey returns to regional office of Lands Management Bureau/DENR for approval.

6th Step Filing of requirements for proclamation:

a. Approved survey plan

b. Clearances and

c. Panoramic view

7th Step CENRO will conduct investigation and evaluation.

8th Step Lands Management Bureau conducts evaluation and issues recommendation for proclamation.

9th Step DENR Central Office will drafts the proclamation and endorses it to the President of the
Republic for approval.

10th Step Issuance of Approved Proclamation

Inventory Report of PNP Building/Facilities are coming from the Different Police Regional
Engineers

I. Report regarding the status of building/facilities in their AOR.

Criteria for Evaluation

1.1 Buildings that are already dilapidated and beyond repair are to be demolished.
 1.2 Building facilities, which are damaged by fire as consequence of sabotage,, terrorism and other
military or popular rising.

1.3 Buildings/facilities, which are destroyed by typhoons and other natural calamities.

1.4 Any loss or damage of buildings/facilities occurred during the prescribed period.

1.5 Construction of the PNP buildings on PNP owned lot is given priority for programming.

II. PNPES Land Utilization Division is monitoring the status of this buildings/facilities based on the updated
quarterly report of the different regional engineers.

III. The following are engineering parameters to be implemented in order to obtain substantial report from the
different police regional offices (see attached format).

IV. The premium invoice number of the buildings/facilities fire insurance, signatories and recapitulation are
indicated on the last page.

V. There should be a separate format for gains and losses in order to have an accurate report.

Transfer Certificate of Land Title in the

Philippines – Process, Requirements and Tips
by Charley Mendoza :
on February 6, 2013 at 11:46 am /

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
“Owner’s Duplicate Certificate” is given to the current property owner.

In this article, we’ll 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.

Since research could only lead me so far, I asked help from Mr. Jay Castillo, a
PRC licensed broker, real estate investor, and author of
foreclosurephilippines.com. He is a recognized expert in this subject, and his
experience will give us more details regarding the process.

Requirements:

 Notarized Deed of Absolute Sale and photocopies thereof

  Latest tax declaration of the property
 Certificate Authorizing Registration (CAR) and 3 photocopies thereof
 Seller’s 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 Assessor’s 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 property’s
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 buyer’s protection.

How much is the notarization fee?

Jay: The usual rate is 1% of the selling price but it really depends on the notary
public. I have observed that the 1% is the average, but it is still negotiable.

Whose lawyer will create the DOAS? Should it be the buyer or seller’s lawyer? What
if they don’t have a lawyer to represent them?

Jay: Either would be okay, as long as both parties would carefully read and agree to
the contents of the DOAS. If either party has no lawyer, it would be best if they get the
services of one to check the DOAS before they sign it.

Why is it important for the buyer to go to the Register of Deeds this early in the
process?

Jay: This is important because it would be best to verify the following by getting a
certified true copy of the title: if the title is authentic, if the seller is really the owner,
if the technical description is sound and complete, if the title is indeed clean, etc. The
buyer is basically verifying if the seller is saying the truth, at the very start, to avoid
wasted time.

2. Go to the Assessor’s 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

How long does this process take?

Jay: For most cities and municipalities, you can get this on the same day. For big
cities like Quezon City, you will have to come back after a day to claim the certified
true copy of the tax declaration.

Are there any requirements to get this form?

Jay: You just need to know the name of the owner(s) of the property, or the TCT/CCT
number, or tax declaration number. I often just bring a photocopy of the tax
declaration from the seller

3. Go to the Regional District Office (RDO) of the Bureau of Internal Revenue (BIR)
that handles the property’s 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.

When should these taxes be paid?

Jay: For CGT, the deadline is on the 30th day after the execution of the DOAS, for
DST, it is on the 5th day of the month after the execution of the DOAS. Transfer Tax is
due 60 days after the execution of the DOAS.

Are there penalties if the taxes are not paid on time?

Jay: Yes, a surcharge equal to 25% of the tax due is charged for late payments, plus
20% interest per year on any unpaid taxes, plus compromise penalty (if any, this
depends on the BIR officer).

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 seller’s name.

How long does it take to get the CAR?

Jay: After submission of all requirements, it would take at least 2 weeks, based on my
own experience for properties in Antipolo and Quezon City.

Why is it necessary to have two photocopies of this certificate?

Jay: The buyer will need this if and when they decide to sell the property later on and
transfer it to their buyer. The BIR will look for this when the buyer applies for the next
CAR.

5. Go back to the Assessor’s office and pay the transfer taxes.

How much is the transfer tax?

Jay: This ranges from 0.25% to 0.75% (rate depends on the city/municipality where
the property is located) of the selling price or zonal value, whichever is higher.

Are there any documents needed to pay this tax?

Jay: Yes of course- Certificate Authorizing Registration from the Bureau of Internal
Revenue; Realty tax clearance from the Treasurer’s Office; and the Official receipt of
the Bureau of Internal Revenue (for documentary stamp tax). Please refer to the
article, “What is Transfer Tax” at foreclosurephilippines.com for more information.

6. Finally, go back to the Registry of Deeds and show the official receipts of the paid
taxes from the BIR and Assessor’s office, and the Certificate Authorizing
Registration. Pay the registration fee, which is based on graduated rates set by the
LRA based on SP (ex. For a property with a selling price of 1 Million pesos, the
registration fee is Php5,546).

How long does this process take?

Jay: Just recently, I submitted all requirements for the registration of the transfer of a
title in QC last February 4, 2013, and was informed the new title will be ready for
pickup on March 21, 2013, that’s 45 days just for the registration of the title and the
release of a new one!

Any tips or pointers for people who will request for a transfer of certificate of title?

Jay: Just make sure all the required documents are complete and pay all taxes related
to the transaction early to have time to correct and problems/deficiencies, don’t do it
on the day of the deadline.

Is it easy to do this process on your own or would it be better to hire a broker/title

company?

Jay: If you are patient enough to travel through traffic to go to the BIR, cityb hall, etc,
then it would be okay to do this on your own.

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 property’s 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 seller’s
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.

Q&A and More tips from Jay…

What if the property is in a subdivision or gated community, is it okay if it has a lien?

Jay: It’s okay as long as the owner fully disclosed this and explains how it can be
remedied. Better consult a lawyer that specializes in real estate or a knowledgeable
real estate broker

 If a seller refuses to give you a copy of the title, walk away

  If several months have passed since you got a certified true copy of a title,
make sure you get a new certified true copy before closing a deal, just to be
sure there are no surprises.
 Always get a traceback to ensure the mother title has no problems.

HOW TO OBTAIN AN ORIGINAL CERTIFICATE OF TITLE

The principal function of the Land Registration Authority (LRA) is the issuance of land
titles. The following are the steps in the judicial registration of land leading to the issuance of the
original certificate of title.

1. SURVEY OF LAND – The land must be surveyed by a licensed surveyor who shall prepare a
plan on tracing cloth or Diazo Polyester Film.

2. APPROVAL OF PLAN – The plan should be approved by the Director of Lands/ Regional
Lands Director/ Regional Technical Director having jurisdiction of the place where the property
is situated. Said plan must be accompanied by the corresponding technical description and that
the same must be verified and certified by the Director of Lands/ Regional Technical Director or
his duly authorized official representative to make such certification.

3. FILING OF APPLICATION – The application for land registration shall be in writing and
be filed in the Regional Trial Court of the place where the land is situated. It shall be prepared in
triplicate, signed and sworn to by the applicant.

The application must be presented in triplicate to the Regional Trial Court of the province or city
where the land is located accompanied by:

(a) The original plan on tracing cloth or Diazo Polyester Film properly attested and certified by
the said office or the official authorized to make such certification together with two (2) print
copies thereof;

(b) Three (3) copies of the technical description duly verified and certified by the Regional
Technical Director or his duly authorized official representative and that the same must be in due
form consistent with LRC Circular No. 365;

(c) Three (3) copies of the surveyor’s/ Geodetic Engineer’s Certificate or certificate of non-
availability from the Regional Technical Director and;

(d) Four (4) copies of the latest Tax Declaration Assessment Certificate from Assessor’s Office
of the place where the land is situated.

The application shall contain the following data and information:

1. description of the land;

2. civil status of the applicant whether married or not, and if married
3. full names and addresses of the applicants, the occupants of the land, and all adjoining
owners if known, if unknown, statement showing what search has been made to find
them; if the applicant is a minor, the full name and address of his or her legal guardian;
4. citizenship of the applicant

4. LAND REGISTRATION CASE NUMBER – The Clerk of Court shall assign the “Land of
Registration Case Number” upon receipt of the application.
5. DATE OF HEARING – The Court shall set date of hearing of the application in accordance
with Section 23 of PD 1529 and LRC Circular No. 353. The Court Order setting the date initial
hearing shall be sent to LRA together with the duplicate copy of the application; original or
certified copy of plan on tracing cloth or Diazo Polyester Film; duplicate original copy of the
technical description; surveyor’s certificate, latest Tax Declaration; and proof of payment of
publication fee in the Official Gazette.

6. PUBLICATION – The Notice of Initial Hearing prepared by LRA shall be published once in
the Official Gazette and once in a newspaper of general circulation in the Philippines. The cost
of publication in the amount of PHP 1,265.75 if the application embraces 1 lot and additional
amount of PHP 403.25 for every lot in excess of the first shall be paid by the applicant to the
Clerk of Court upon filing of his application who shall remit the same to the Director, National
Printing Office.

7. OPPOSITIONS – All persons who claim ownership or any interest in the land may file in
court oppositions to the application so that their rights may be heard.

8. EVIDENCE – The applicant and the oppositors shall present evidence to prove their
ownership during the hearing.

9. DECISION – After hearing, the court shall render decision confirming the title of the person
who has proven his ownership. When the decision becomes final, the court shall issue an Order
directing the Administrator of the LRA to issue a Decree of Registration in favor of the said
person.

10. DECREE OF REGISTRATION – Upon receipt of said Court Order, the Administrator of
the LRA shall issue a DECREE OF REGISTRATION and that the same shall be numbered,
typed in the Original Certificate of Title itself and that the original and owner’s duplicate copies
of the same be sent to the Register of Deeds of the place where the property is located.

11. CERTIFICATE OF TITLE – Upon receipt by the Register of Deeds of the Original and
duplicate copies of the Original Certificate of the Title of Decree of Registration, the Register of
Deeds shall issue the owner’s duplicate copy of the Original Certificate of Title to the registered
owner upon payment of legal fees.

12. SUBSEQUENT TRANSACTION - An OCT is issued only once, subsequent transaction or

negotiation of the lot in sales, mortgage, subdivision or consolidation will result in issuance of a
Transfer of Certificate of Title (TCT) already.

BEWARE OF SCAMS IN REAL ESTATE TRANSACTIONS. ALWAYS CONSULT A REAL

ESTATE BROKER / LAWYER / PARALEGAL.
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF SHARE
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF SHARE

KNOW ALL MEN BY THESE PRESENTS:

WE, ________, of legal age, widow, with residence address at ______; _______, of legal
age, single/married and with residence address at ______ and _______, of legal age,
single,/married and with residence address at _____,

WITNESSETH:

That we are the widow and legitimate children and sole heirs of the deceased _______,
who died on ______ at _______ , copy of his death certificate is hereto attached as Annex
"A" and made an integral part of this document;

That said deceased died intestate, without Will or Testament and without any
outstanding debts in favor of any person or entity;

That the deceased left a the following real properties which are all conjugal and owned
in common with his wife, the herein _____, and these properties are more particularly
described as follows:

(copy TCT Nos., location and technical description)

That pursuant to Sec. 1, Rule 74 of the Revised Rules of Court of the Philippines, and
the parties herein being all of age, they have agreed to divide as they do hereby divide and
adjudicate, the real properties above-described, as follows:

(enumerate manner of sharing)

That they hereby affirm that they have executed the foregoing instrument out of their
own voluntary free will without force, intimidation or violence upon their person, that they
have hereby received their just and proper share and have no claim or demand against
each other;

That I, ________(widow) for my part, do hereby WAIVE my rights, interest, and

participation in the above-described real properties in favor of all my children, namely:
______, _______, and ______, in equal shares.

IN WITNESS WHEREOF, - - - - -

Signature of Child #1 Signature of Child #2 Signature of Child #3

Signature of Widow

WITNESSES : __________________ ___________________

EXTRAJUDICIAL SETTLEMENT OF ESTATE
WITH ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT made and entered into this ____ day of _____ 2009, in
Bautista, Pangasinan, by and between:
Blessie C. Carbonara, of legal age, Filipino, residing at Brgy. Primicias,
Bautista, Pangasinan;
Lea Carbonara-Pascual, of legal age, married, residing at Brgy.
Primincias, Bautista, Pangasinan;
Judy Carbonara-Mitra, of legal age, married, residing at Brgy. Primicias,
Bautista, Pangasinan;
Joann Carbonara, of legal age, single, residing at Brgy. Primicias, Bautista,
Pangasinan; and
Janette Carbonara, of legal age, single, residing at Brgy. Primicias,
Bautista, Pangasinan.
WITNESSETH, that:
WHEREAS, we are the sole heirs of the deceased Alejandro Carbonara
who died on _______________, at Bautista, Pangasinan; copy of his death
certificate is hereto attached as Annex A;
WHEREAS, ALEJANDRO CARBONARA died intestate, without Will or
Testament, and without any outstanding debts in favor of any person or entity;
WHEREAS, Alejandro Carbonara is the absolute and registered owner of
two parcels of land located at Brgy. Poponto, Bautista, Pangasinan covered by
Transfer Certificate of Title No. 17839 and 17852, respectively, of the Register of
Deeds of Pangasinan and more particularly described as follows:
1. A parcel of land (Lot 1-B-35, Bsd-1-000723 AR), being
a portion of lot 1-B & 1-C (LRC) PSD-220089. Bounded on the
E., along line 4-1 by lot 1-A; Psd-220089; on the S., along line
1-2 by lot 1-B-34; on the W., along line 2-3 by lot 1-C-36; and
on the N., along line 3-4 by lot 1-B-36; all of the subdivision
plan. Beginning at a point marked “1” on plan being S 28
deg. 56’E., 1641.86 m. from BLBM No. 1, Bo., Villanueva,
Bautista, Pangasinan.
thence N 63 deg. 58’W., 57.22 m. to point 2;
thence N 16 deg. 04’E., 46.70 m. to point 3;
thence S 64 deg. 02’E., 57.56 m. to point 4;
thence S 16 deg. 29’W., 46.71 m. to point of beginning;
containing an area of TWO THOUSAND SIX
HUNDRED FORTY (2,640), SQUARE METERS, more or less.
2. A parcel of land (Lot 1-C-36, Bsd-1-000723 AR), being
a portion of lot 1-B & 1-C (LRC) Psd-220089). Bounded on the
N., along line 2-3 by lot 1-C-37; on the E., along line 2-4 by lot
1-B-35; on the S. along line 4-1 by lot 1-C-35; all of the
subdivision plan; and on the W., along line 1-2 by lot 15; Psu-
123014. Beginning at the point marked “1” on plan being S 26
deg. 36’E., 1546.56 m. from BLBM No. 1, Bo. Villanueva,
Bautista, Pangasinan.
thence N 15 deg. 40’E., 48.12 m. to point 2;
thence S 59 deg. 12’E., 59.01 m. to point 3;
thence S 16 deg., 04’W., 46.70 m. to point 4;
thence N 60 deg. 27’W., 58.34 m. to point of beginning;
containing an area of TWO THOUSAND SIX
HUNDRED NNETY TWO (2,692) SQUARE METERS, MORE
OR LESS.
WHEREAS, pursuant to Rule 74, Sec. 1 of the Revised Rules of Court of the
Philippines, and being with full capacity to contract, we do hereby adjudicate
unto ourselves the parcel of land described above, in equal shares.
FURTHER, FOR AND IN CONSIDERATION of the sum of TEN
THOUSAND PESOS (Php10,000.00), Philippine Currency, the receipt whereof is
hereby acknowledged in full from Spouses TONIO B. REGALA and ELMA
BUENAVISTA-REGALA, both of legal age, Filipinos, and with residence address
at Brgy. Primicias, Baustista, Pangasinan, we do hereby SELL, TRANSFER,
CONVEY and DELIVER, by way of ABSOLUTE SALE, unto said Spouses
Tonio B. Regala and Elma Buenavista-Regala, their heirs, assigns and successors
in interest the property above described with all the improvements existing
thereon;
That we hereby warrant our valid title to and peaceful possession of the
property herein sold and conveyed and further declares that the same is free and
clear of all liens and encumbrances of any kind whatsoever.
IN WITNESS WHEREOF, we hereunto set our hand on the ___ day of
_______________________, 2009 at Bautista, Pangasinan, Philippines.
The Heirs of Alejandro Carbonara
Blessie C. Carbonara
Lea Carbonara-Pascual Judy Carbonara-Mitra
Joann Carbonara Janette Carbonara
ACCEPTED:
TONIO B. REGALA
ELMA BUENAVISTA-REGALA
SIGNED IN THE PRESENCE OF:
Criscencio B. Regala Gerald G. Rosaria
ACKNOWLEDGMENT
Republic of the Philippines}
City of________________ } S.S
BEFORE ME, a Notary Public in and for the City of __________________, this
___ day of ____________________________, personally appeared Tonio Regala, Elma
Buenavista-Regala, Blessie Carbonara, Lea Carbonara-Pascual, Judy Carbonara-Mitra,
Joann Carbonara, and Janette Carbonara, who has satisfactorily proven to me their
identity through Victoria B. Regala who is personally known to me and who personally
knows the principal that they are the same person who executed and voluntarily signed
the foregoing EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH ABSOLUTE
SALE which they acknowledged before me as their free and voluntary act and deed.
The foregoing instrument which relates to a Extrajudicial Settlement of Estate
with Absolute Sale of two parcels of land consisting of 3 pages including the page on
which this acknowledgment is written, has been signed on the left margin of each and
every page by the parties and the witnesses.
WITNESS MY HAND AND SEAL, this ___ day of _________________, in the
City of _________________, Philippines.
Doc. No. ______
Page No.______
Book No. _____
Series of 20____