LAND ACQUISITION

ALONG
PROGRAM
IMPLEMENTATION
What is Land Acquisition

Land AcquiSition iS a mode of transfer of land

ownership which can be voluntary or non
voluntary.
Voluntary Modes
Donation :Is an act of liberality whereby one person disposes gratuitously of a
thing or right in favor of another who accepts it. (Article 725, Civil Code)
Parties: Donor-Donee

Sale- is a contract where one of the contracting parties obligates himself to transfer
the ownership of and to deliver a determinate thing and the other to pay therefore a
price certain in money or its equivalent. (Art. 1458 Civil Code)
Parties: Buyer -Seller
Note: Pacto de Retro Sale- (period of redemption- not to exceed 10 years)

Hereditary Succession – A mode of acquisition by virtue of which the property,

rights and obligations to the extent of the value of the inheritance of a person, are
transferred through his death to another by his will or by operation of law.
Involuntary Modes

Expropriation- the process where private lands are taken by the Government
for public use upon payment of just compensation. (in the exercise of
the States Power of Eminent Domain)

Attachment- a legal process of seizing property to ensure satisfaction of

judgment
Execution of Tenurial Instruments

1. Establish ownership through official records

Official records can be obtained and verified with the following offices.
a. R egistry of Deeds
b. Municipal Assessor’s Office
c. Land Registration Authority

2. Determine the appropriate tenurial instrument

a. Type of ownership (i.e. public or privately-owned)
b. Proof ownership (i.e. titled or non-titled , OCT, TCT, CLOA)
c. Intention of the owner
d. Intended use of the land
e. Classification of the land (Residential , Agricultural, Commercial )
Execution of Tenurial Instruments

3.Ensure due execution of the instrument

● Dates
● Proper titles and headings
● Proper land description
● Signatories
● Notarization
Next Step After Execution of Tenurial
Instrument
●Registration of the documents - this is the operative act that transmits or
transfers title, absent such registration a conveyance does not affect or bind
the land.

●Annotation- is a remark, note, case summary statutory provision to

illustrate or explain transactions.

○ The act whereby one who has claim over the property cause the writing of entries
on the title that signify that a property is subject to a transaction entered into by
the owner or its representative.
Steps in Registration/Annotation Process

1. Valid Executed transfer document (DOD, Deed of Sale Etc)

2. Notarization (amount will be based on Fair Market Value)
3. City Or Municipal Treasurer-Tax Declaration, Certificate of No Improvement
4. BIR- assessment of t h e amount of Donors’ tax and documentary stamp tax
5. Payment of Donors tax and documentary stamp tax to an Authorized Agent Bank
6. BIR- for copy of E-CAR or Certificate Authorizing Registration
7. Registry of Deeds
Steps in Annotation Process
 COMMONLY USED
LAND ACQUISITION
INSTRUMENTS
BARANGAY /MUNICIPAL RESOLUTION
• When to use
• When the lot is owned by the Barangay
• Contents
• That the Barangay through its Barangay council is allowing the use of the Barangay owned lot for the KC
NCDD Subproject
• Signatory
• Barangay council
• Supporting Documents: Proof of ownership
• Original or transfer certificate of title
• Certification from Municipal Assessor/ Registry of Deeds that per official record the lot described to be used
for the KC NCDDP sub project is indeed barangay owned
• Deed of Donation (lot was donated to the barangay prior to KC-NCDDP)
USUFRUCT AGREEMENT

• Gives the right to enjoy the property of another with the obligation of
preserving its form and substance, unless the title constituting it or the law
otherwise provides. ( Article 562 of the Civil Code)
• Contents:
• that the right to use the property is granted to the usufructuary (the one who will benefit)
• When to use
• When the intention of the owner of the land is to merely lend the beneficial use and not to
transfer ownership
• Maximum Period is 50 years ( art 605 of the NCC)
DEED OF DONATION

• An instrument whereby one person disposes gratuitously a thing or right

in favor of another who must accept it.
• Parties
• DONOR
• DONEE
• Formalities to be valid;
• It must be accepted by the donee (in the same or separate instrument)
• If it involves immovable (land) it must be in writing (art 749 of the NCC)
Right Of Way

• The legal right, established by usage or grant to pass

along a specific route through grounds or property
belonging to another
• Parties:
• Grantee
• Grantor
Quit Claim

Is a legal instrument which is used to transfer interest in real

property by the grantor to the recipient or the grantee.
• When to use:
• Contents of the Deed- that the grantor is quitting whatever interest he have over
the property in favor of the recipient.
MARAMING SALAMAT