How to Process Land Transfer in

the Philippines
BY
 EDITORIAL STAFF

I n the previous years, the government solved problems of land titling and land

transactions through the establishment of the Torrens System.  This served and will
continuously serve as protection for land owners and buyers who transact land
transactions.

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However, processing land transfer is still tedious enough for a non-expert.  It may take
some time to finish everything and could also be too costly to hire someone who can
assist you with this process.  So in order for you to have an idea on what to do, here
are some helpful tips on this process.

Read: How to verify if the land title is authentic

Step 1. The first thing to do is to provide the documentary requirements set by the
Assessor’s Office, Register of Deeds and Treasurer’s Office in your area. Depending
upon the agreement of the buyer and seller, but the seller usually file for the tax
clearance required by the Treasurer’s Office.  To be cleared, it is important to submit
receipts and tax declarations of the land to said office.  If there are arrears, then it is
need to pay them for the transfer to take place.

Step 2. Secure assessment of Transfer of Taxes from BIR and City Treasurer’s Office
and file for Issuance of Certificate Authorizing Registration (CAR) or BIR clearance
from the BIR. The CAR will serve as evidence that the sale has taken place and the
taxes has been paid.  BIR will ask for documents such as TIN of seller and buyer,
Notarized Deed of Sale, certified true copy of the Tax Declaration by the Assessor’s
Office, and a copy of the Original Certificate of Title (OCT) or Transfer Certificate of
Title (TCT).

Step 3. Pay the transfer taxes within 60 days from the date of execution of the Deed of
Sale to the Treasurer’s Office presenting the CAR from the BIR, Tax Clearance from
the Treasurer’s Office, and official receipt of payment of documentary tax from the
BIR.

Step 4. File documents at the Registry of Deeds for the issuance of title. The
documents to be presented are the copy of deed of absolute sale, receipt of payment of
transfer tax, CAR, tax clearance, and TCT in the name of the seller.

Step 5. File documents at the Assessor’s Office for the issuance of new Tax
Declaration.

Read Also: Documentary requirements for land transfer in the Philippines

On a case to case basis, processing to acquire Torrens Certificate of Title for land
transfer is not easy as expected.  There are problems along the way if you have not
checked thoroughly on the previous ownership of the land.  So to be sure, check first
the encumbrance or marks at the back of the title on the property you are going to
purchase.

If there are a lot of marks, ask someone who is knowledgeable enough on this matter
and ask opinion whether to proceed with the purchase or not.  If not, buy a title that is
free of encumbrances.  Aside from this, transferring title of land that are undivided or
has many owners is complicated because all the owners need to sign for the approval
of the sale.  So it is advisable to buy a land that has already been subdivided from
previous owners to avoid complication.