Land Titling

13/04/2019 Fil-Ams learn about land titling, partition, avoiding property scams in PH |
Saturday, April 13, 2019 

NW UIN TCHNOLOGY LIFTYL PORT POLITIC NTRTAINMNT
LATT COMMUNITY TORI
FilAm learn aout land titling, partition,
avoiding propert cam in PH
By: Carol Tanjutco - @inquirerdotnet INQUIRR.net U ureau / 11 33 PM April 12, 2019
LATT
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Filipino American lawer and landowner attended a focu group dicuion on LRA function and land titling
in the Philippine preented  Deput Adminitrator of LRA Roert Nomar Leretana, at Philippine Conulate
General of New York. INQUIRR/Carol Tanjutco
How to Focu on tuding:
NEW YORK — Many questions are frequently asked about land titling, Take Thee tep!
inheritance, partition and, most importantly, how to avoid scams in land
registration in the Philippines. For those who immigrated, or who are ON roundup: Tatumitu
working abroad, the issue becomes more relevant because investing in get ON weight GP
date v Demetriou
properties back home is one of their priorities. Johnon
The World Bank recently held an international conference in Washington

DC on land governance and poverty alleviation, attended by representatives
of various countries to discuss the state of poverty of nations. The
Philippines was represented by the Deputy Administrator of Land
Registration Authority (LRA), lawyer Robert Nomar Leyretana, a career
official in the government agency handling land registration matters for the
past 15 years
https://usa.inquirer.net/27399/fil-ams-learn-about-land-titling-partition-avoiding-property-scams-in-ph 1/8
past 15 years.
Saturday, April 13, 2019
ADVRTIMNT

After the World Bank conference, the Philippine Consulate General of New
York held a focus group discussion on foreign ownership and partition
issues, attended by 60 Filipino American attorneys and landowners from
the tri-state region, with a crash course conducted by Atty. Leyretana in a
similar MCLE-style (continuing education for lawyers) training that he does
in the Philippines. FROM AROUND THE WEB
Consul General Claro Cristobal moderated the session on Facebook live, LOOK: 17-year-old
student designs,
where viewers from all over North America were able to participate and sews own gown for…
ask questions online. After three hours of a lively presentation and
audience participation, several salient highlights of the talk are condensed
7-Eleven store owner
below. A replay is available at Facebook @PHLinNY gives hungry
shoplifting teen…
Emma Stone, Ralph

Fiennes sign on for
horror comedy…
Unwanted robocalls
and text messages —
have you had…
Recommended by
0:30
LRA Deput Adminitrator Att. Roert Nomar Leretana deliver a lecture to lawer while Conul General
Claro Critoal liten. INQUIRR/Carol Tanjutco
The LRA issues decrees of registration pursuant to final judgments of the

courts in land registration proceedings, the Registers of Deeds of the
corresponding certificates of title, and supervises and controls all Registers
of Deeds, including resolving cases elevated en consulta by, or on appeal
from decision of, Registers of Deeds. 1:17
The LRAApril
Saturday, also13,
verifies
2019 and approves subdivision, consolidation, and

consolidation-subdivision survey plans of properties titled under Act No.
496 except those covered by P.D. No. 957, and is the central repository of
records relative to original registration of lands titled under the Torrens
system, including subdivision and consolidation plans of titled lands.
1:16
Foreign ownership of properties
As a general rule, a foreigner is prohibited from being a transferee of a real

property in the Philippines, subject to some exceptions: Accenture
MOT RAD
1. Batas Pambansa Bilang 185 – a former natural born citizen who has
acquired alien citizenship may acquire real property in the Philippines Univerit of Virginia’
Kihei Clark a ‘ig deal’ for
intended for residential purpose (1,000 sqm. for urban land or 1 hectare FilAm aketall plaer
for rural land);

ataan Hill High grad
2. R.A. No. 7042 (Omnibus Investment Code) – a former natural born erving on U.. Nav’ mot
advanced amphiiou hip
Filipino citizen may acquire real property to be used for business (5,000
What Will Happen to Old
sqm. for urban land or 3 hectares for rural land); atellite and Deri in
pace?
3. Dual Citizenship Law (RA 9225) – restored to full civil and political
rights, New Human Couin’
one: More Digging
4. Hereditary succession; and Planned for Philippine Cave
5. Condominium Act –acquiring a condominium unit.
What I CD Oil and What
Are the ene t of
Cannaidiol?
Lawyers and landowners both raise the challenge of preventing
unscrupulous persons from pulling a scam. It appears that this issue was
laid out by no less than the Philippine Supreme Court in a leading case that
establishes guidelines on how to conduct proper due diligence when buying
properties.
Guidelines in buying real properties
ADVRTIMNT
As a result of the landmark case of Domingo Realty, Inc. vs. Court of

13/04/2019
g y
Fil-Ams learn about land titling, partition, avoiding property scams in PH |
Appeals, under G.R. No, 126236, promulgated on January 26, 2007, the
following practices are to be observed:
(a) verify the origin, history, authenticity, and validity of the title with the
Office of the Register of Deeds and the Land Registration Authority;
(b) engage the services of a competent and reliable geodetic engineer to

verify the boundary, metes, and bounds of the lot subject of said title based
on the technical description in the said title and the approved survey plan
in the Land Management Bureau;
(c) conduct an actual ocular inspection of the lot;
(d) inquire from the owners and possessors of adjoining lots with respect to
the true and legal ownership of the lot in question;
(e) put up signs that said lot is being purchased, leased, or encumbered; and
(f) undertake such other measures to make the general public aware that
said lot will be subject to alienation, lease, or encumbrance by the parties.
In Registering a Deed of Sale or any voluntary instrument, it is important

that seller must be able to present the owner’s duplicate copy of the title.
The law, Section 53 of PD 1529 states that the production of the owner’s
duplicate certificate, whenever any voluntary instrument is presented for
registration, shall be conclusive authority from the registered owner to the
Register of Deeds to enter a new certificate or to make a memorandum of
registration in accordance with such instrument, and the new certificate or
memorandum shall be binding upon the registered owner and upon all
persons claiming under him, in favor of every purchaser for value and in
good faith.
In case of loss of the owner’s duplicate copy of the title, the proper remedy
is to file Petition for Reissuance of new owner’s copy of the title in lieu of the
lost one. If the Register of Deeds’ file copy (original copy) is the one that is
lost, a Petition for Reconstitution is the proper remedy.
Falsified deed or S.P.A.
An interesting case decided by the Supreme Court was that of Spouses Chua
vs. Soriano, GR 150066 promulgated on April 13, 2007, about the use of
falsified Special Power of Attorney (SPA), how it affects an innocent buyer,
in good faith and for value.
In that case, the registered owner of a titled property entrusted another

person for safe-keeping of the title. The trusted person executed a Special
Power of Attorney and forged the signature of the owner, making it appear
h h h i d ll h A hi d h
https://usa.inquirer.net/27399/fil-ams-learn-about-land-titling-partition-avoiding-property-scams-in-phh d 4/8
that he was authorized to sell the property. A third person then purchased
Saturday, April 13, 2019
the property. 
The Supreme Court ruled that the buyer was in good faith. Although the
signature in the SPA was subsequently declared by the trial court to have
been falsified, it would not revoke the title subsequently issued in favor of
the third-party buyer. The reliance by the buyer on the duly notarized SPA
presented is sufficient evidence of good faith. Buyer need not prove
anything more for it is already the function of the notarial acknowledgment
to establish the appearance of the parties to the document, its due execution
and authenticity.
This case was a shock to many foreign-based landowners, a reality check on

whether they should leave the original owner’s copy to someone, or to think
about issuing power of attorney to anyone. Also, a frequent problem is the
issue of selling a property in installment, where the buyer who does not pay
in full and obtains an SPA creates a problem on the title of the owner.
Partition of estate of deceased person
Another dilemma for those residing abroad is when a parent or relative

dies in the Philippines, leaving behind a sizable estate for inheritance
among several heirs. This usually causes family schisms — when there is
no will, and the heirs are left to fight for what they claim to be theirs.
The LRA recommends the following procedure for partition:
1. If there are several surviving heirs, all of the heirs should execute an
Extra-judicial Settlement of Estate;

2. If there is only one surviving heir, he/she may execute an Affidavit of
Self Adjudication;
3. If anyone of the heirs refuses to enter into an extra-judicial settlement
of estate, the proper remedy is for anyone of the heirs to go to court and
file a Petition for Judicial Partition. And that is where a long litigation
may start.
Heirs based in a foreign country may execute the extra-judicial settlement

in the foreign country, or in the Philippines. The foreign Consulate will issue
guidance on how to obtain Certificate of Authenticity, in lieu of notarial
acknowledgment. Consul General Cristobal announced that the Apostille
Convention related to consular notarization will provide new guidance
effective May 15, 2019.
The Extra-Judicial Settlement of Estate or the Affidavit of Self-Adjudication

requires publication in a newspaper of general circulation for three
consecutive weeks. Once title is issued pursuant to a settlement among
heirs, it will contain an annotation of two-years contestability. After two
heirs, it will contain an annotation of two years contestability. After two
years, a request to remove the annotation can be requested from the
Register of Deeds.
Finally, a proposed sale to a third party can be executed with the same
instrument. A simultaneous sale or waiver of by an heir in favor of another
person, can be incorporated in the same Extra-Judicial Settlement of Estate.
That simultaneous sale is also subject to capital gains tax.
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13/04/2019 Fil-Ams learn about land titling, partition, avoiding property scams in PH |

Saturday, April 13, 2019 

The World Bank recently held an international conference in Washington

Emma Stone, Ralph

The LRA issues decrees of registration pursuant to final judgments of the

As a general rule, a foreigner is prohibited from being a transferee of a real

for rural land);

Guidelines in buying real properties

As a result of the landmark case of Domingo Realty, Inc. vs. Court of

(b) engage the services of a competent and reliable geodetic engineer to

(c) conduct an actual ocular inspection of the lot;

In Registering a Deed of Sale or any voluntary instrument, it is important

Falsified deed or S.P.A.

In that case, the registered owner of a titled property entrusted another

This case was a shock to many foreign-based landowners, a reality check on

Partition of estate of deceased person

Another dilemma for those residing abroad is when a parent or relative

The LRA recommends the following procedure for partition:

Extra-judicial Settlement of Estate;

3. If anyone of the heirs refuses to enter into an extra-judicial settlement

Heirs based in a foreign country may execute the extra-judicial settlement

The Extra-Judicial Settlement of Estate or the Affidavit of Self-Adjudication

Experience the bene t of top

The Future of Amazon’ How to Focu on tuding: hould I Get a Divorce: All

Don't miss out on the latest news and information.

Sponsored Sponsored Sponsored

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Sponsored Sponsored Sponsored

Do You Have Mac Users Top 10

A new ‘Les Actress Chin- How Has the

Download PDF (Free) OPEN

For feedback, complaints, or inquiries, contact us.

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