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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. 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. Three (3) copies of certificates from the surveyor or Geodetic Engineer or certificate of nonavailability from the Regional Technical Director; and Four (4) copies of the latest Tax Declaration or Assessment Certificate from the Assessors Office where the land is located.

b.

c.

d.

The application shall contain the following information;


a. b. Description of the land. 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. 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. Citizenship of the applicant.

c.

d.

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, surveyors 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 Owners 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 owners 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. 2. A signed copy of the petition; A certification from the Register of Deeds concerned that the original of the certificate of title in the Registry was either lost or destroyed; 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. 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;

3.

4.

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. Owners and co-owners 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 donors as the case may be. b. Revenue tax receipts evidencing payment of documentary stamp tax, if the amount paid is P10.00 and above. Real Property tax clearance indicating the tax declaration number. Proof of payment of transfer tax, except if the document was executed before July 1, 1973. Affidavit and Certificate of No Improvements, in case no improvement by the Assessors Office. Tax declaration

c. d.

e.

f.

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. b. c. Order approving the project of partition. Certificate of finality of the order/termination of special proceeding. Letter of administration if the property is encumbered or sold during the settlement proceedings.

Mortgage, Lease a. b. Certificate of non-delinquency in the payment of real estate tax. 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. 2. Letter request Tracing cloth of the plan duly approved by the Land Registration Authority or the Land Management Bureau. Blue print copy of plan Original technical description

3. 4. b.

With change of ownership 1. 2. agreement of partition real estate tax clearance

PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF DONATION:


1st Step 2nd Step Execute Deed of Donation Annotation of OCT or TCT and the executed deed of donation to the Office of the Register of

Deeds 3rd Step Proceed to the Assessors Office for the issuance of the following: a. b. c. Payment of Realty Tax, if any Latest certified copy of a Tax Declaration 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. Owners Duplicate Copy of OCT/TCT c. Tax Clearance d. Transfer Tax Certificate e. Certification of No Improvements from the Assessors Office and Affidavit executed by the taxpayer 2. 3. 4. 5th Step Payment of Donors Tax, if any Issuance of Donors Tax Certificate Issuance of Certificate Authorizing Registration (CAR)

Proceed to Register of Deeds 1. a. b. c. d. e. Present the following: Owners Duplicate Copy of OCT/TCT Tax Clearance Certificate Transfer Tax Receipt Certified Copy of Tax Declaration Realty Tax Clearance

f. g.

Donors Tax Clearance 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 2nd Step 3rd Step Execute Deed of Sale Annotation of OCT or TCT and the executed deed of sale to the Office of the Register of Deeds Proceed to the Assessors Office for the issuance of the following: a. b. c. d. e. Payment of Realty Tax, if any Latest certified copy of a Tax Declaration Issuance of Tax Clearance Payment of Transfer Tax, if any (75% of 1.0% of the assessed value) Issuance of Transfer Tax Clearance.

4rth Step Proceed to District/Regional Office of BIR 1. Present the following: a. b. c. d. Deed of Sale Owners Duplicate Copy of OCT/TCT Tax Clearance Transfer Tax Certificate

e. Certification of No Improvements from the Assessors 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. Owners 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. 3. 4. Filing of Application Form Payment of fees, if any 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.

DONORS TAX CLEARANCE REQUIREMENTS


1. Donors 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. b. Tax declaration for improvement introduced in 1985 and prior years (2 Xerox copies) Building Permit or occupancy permit for improvement introduced in 1986-1990) (2 Xerox copies)

5. If no improvement

a. b.

Affidavit of no improvement secured from Lawyer (2 copies) Certification from the City Assessors Office that there is no existing improvement (2 copies)

6. 7. 8. 9.

Donors tax return duly received by accredited bank (1 copy duplicate and 2 Xerox copies) Birth Certificate or Sworn Statement of Relationship (2 copies) Computation sheet accomplished by Revenue Officer (original) 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. District Engineer of DPWH duly concurred or recommended by the Regional Director and Secretary of DPWH. 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).

b.

c.

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. 2. 3. 4. 5. Approved Original survey of the property. Tax declaration/TCT/OCT. Certification from the Local Government Units. Draft of presidential proclamation. 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. LEGAL BASIS a statement citing the legal basis for the requested issuances or approval. 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. COORDINATION WITH AGENCIES - A statement that the necessary coordination or consultations were made with the agencies involved or affected. 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.

2. 3.

4.

5.

PROCEDURE IN ACQUIRING PRESIDENTIAL PROCLAMATION:


1st Step 2nd Step Conduct research of the area. 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 5th Step 6th Step Prepare panoramic view of the area being requested for presidential proclamation. Submit survey returns to regional office of Lands Management Bureau/DENR for approval. Filing of requirements for proclamation: a. Approved survey plan b. Clearances and c. Panoramic view 7th Step 8th Step CENRO will conduct investigation and evaluation. 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 1.2 Buildings that are already dilapidated and beyond repair are to be demolished. Building facilities, which are damaged by fire as consequence of sabotage,, terrorism and other military or popular rising. Buildings/facilities, which are destroyed by typhoons and other natural calamities. Any loss or damage of buildings/facilities occurred during the prescribed period. Construction of the PNP buildings on PNP owned lot is given priority for programming.

1.3 1.4 1.5 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.