REGISTRY OF PROPERTY

Art. 708. The Registry of Property has for its object the inscription or annotation
of acts and contracts relating to the ownership and other rights over immovable
property. (605)

Art. 709. The titles of ownership, or of other rights over immovable property,
which are not duly inscribed or annotated in the Registry of Property shall not
prejudice third persons. (606)

Art. 710. The books in the Registry of Property shall be public for those who have
a known interest in ascertaining the status of the immovables or real rights
annotated or inscribed therein. (607)

PUBLIC NATURE OF BOOKS

 It may embrace every person as long as it is clear that the purpose of the
examination isn’t unlawful or arises from sheer and idle curiousity

MINISTERIAL FUNCTION OF THE REGISTER OF

DEEDS
 It is ministerial to comply with the decision of the court to issue a title and
register a property in the name of a certain person, especially when the
decision had attained finality

Art. 711. For determining what titles are subject to inscription or annotation, as
well as the form, effects, and cancellation of inscriptions and annotations, the
manner of keeping the books in the Registry, and the value of the entries
contained in said books, the provisions of the Mortgage Law, the Land
Registration Act, and other special laws shall govern. (608a)

Section 4 of the Presidential Decree No. 1529 known as the Property

Registration Decree” states that in order to have a more efficient execution of
the laws relative to the registration of lands, geared to the massive and
accelerated land reform and social justice program of the government, there is
created a commission to be known as the Land Registration Commission
under the executive supervision of the Department of Justice. The Land
Registration Authority (LRA) is the Philippine government agency mandated to
issue decrees of registration and certificates of titles and register documents,
patents and other land transactions for the benefit of landowners, Agrarian
Reform-beneficiaries and the registering public in general. If you are planning
to buy real estate in the Philippines, such as land for your business or
personal use, you need to have an idea on how to register it and have your
name as the owner and registrant on its certificate of title. However,
registering land in the Philippines can be a tedious work to accomplish.
Nevertheless, the following are guidelines on how to register land property
with the LRA Philippines.

What are the Requirements for

Registration?
The following are the basic requirements for registration:

Basic Requirements for Registration

1. Original of the deed/instrument

If original document cannot be presented, the duplicate original or certified
true copy shall be presented together with a sworn affidavit executed by the
interested party stating why the original document cannot be submitted.
2. Certified copy of the latest Tax Declaration of the property
3. If titled property, owner’s copy of the certificate of title, and all issued co-
owner’s copy if any

Note:
a. If a document was executed abroad, a Certificate of Authentication by the
nearest Philippine Consulate is required.

b. If either party is a corporation, the following are also required:

i. Secretary’s Certificate/Board Resolution indicating the authorized
signatory(ies) and the scope of authority
ii. Articles of Incorporation
iii. Certificate of SEC that the articles of incorporation has been registered

Additional Requirements for Registration

For Issuance of Title Transactions

All issuance transactions require the following documents aside from the basic
requirements:

1. BIR Certificate Authorizing Registration (CAR) re: payment of capital gains

tax or donor’s tax, as the case may be
2. Real property tax clearance re: up-to-date payment of taxes
3. Proof of payment of transfer tax
4. If the land is covered by CARP, DAR clearance and Affidavit of Landholding
of transferee

Additional requirements for specific types of issuance transactions:

1. Extra-Judicial Settlement / Adjudication

· Affidavit of Publication stating that the notice of settlement has been
published once a week for (3) consecutive weeks
· If minors are involved, Court Order approving the settlement

2. Judicial Settlement of Estate

· Court Order approving the partition
· Certificate of Finality of the court order
· If the property is being sold or encumbered during the settlement
proceedings, Letters of Administration

3. Extra-Judicial Foreclosure of Mortgage

· Certificate of Sale by the sheriff/notary public
· Approval of the Executive Judge, RTC

4. Consolidation of Ownership
· Affidavit of Consolidation of the purchase or Final Bill of Sale executed by
the highest bidder

5. Judicial Foreclosure of Mortgage

· Court Order directing the sale by public auction
· Deed of Sale issued by the sheriff

6. Execution Sale
· Notice of levy or attachment must first be annotated accompanied with a writ
of execution
· Certificate of Sale
· Final Deed of Sale

7. Registration/Sale of Subdivision Project

License to Sell
· Development Permit
· Certificate of Registration
For other requirements, such as for annotation transaction, subdivision and/or
consolidation transactions, condominium transactions, and subsequent
transfer of CCTs, please visit this page from the Land Registration Authority
Website.

Basic guidelines in the registration of land

that is already registered and with free of
title dispute
1. Prepare the notarized deed of sale and related documents. Lawyers usually
charge notarize fee of 1% of the selling price stated in the deed of sale.
2. Secure certified true copy of latest tax declaration and certificate of “with
improvement” from the City Assessor’s Office (CAO) where the real property
is located
3. Pay documentary stamp tax / capital gains tax / withholding tax at the
authorized agent bank (AAB). You may inquire at the Bureau of Internal
Revenue (BIR) office in your jurisdiction for the computation of the related
taxes. The following articles shall guide you:

a. How to compute Documentary Stamp Tax on Exchange of Real Property in

the Philippines
b. How to compute Capital Gains Tax on Sale of Real Property in the
Philippines

4. Obtain Certificate Authorizing Registration (CAR) from the Bureau of

Internal Revenue (BIR)
5. Obtain tax clearance certificate of real property taxes from the Land Tax
Division of the City Treasurer’s Office (CTO)
6. Pay the transfer tax at the CTO
7. Obtain new tax declaration over the building and the land in the name of
buyer from CAO
8. Apply for registration with the Register of Deeds

Certificate Authorizing Registration (CAR) is a certification issued by the BIR

Commissioner or his duly authorized representative attesting that the transfer
and conveyance of land, buildings/improvements or shares of stock arising
from sale, barter or exchange have been reported and the taxes due inclusive
of the documentary stamp tax, have been fully paid.
CARs shall now have a validity of one (1) year from date of issue. In case of
failure to present the same to the Registry of Deeds (RD) within the one (1)
year period, the same shall be presented for revalidation to the District Office
where the CAR was issued. The revalidation, evidenced by stamping the
phrase “revalidated on __________ to expire on ___________” in a
conspicuous space in the CAR, shall be good for another one-year period,
after which the CAR losses its validity. (RMO 15-2003)

Other information you need to know in

registering land in the Philippines
To learn more about (1) Original Registration Proceedings: application, forms,
publication, opposition, hearing, decree of registration, etc.; (2) Cadastral
Registration Proceedings, (3) subsequent registration (4) annotation, and
other important information on land registration in the Philippines, please
download and read the copy of Presidential Decree No. 1529 known as the
Property Registration Decree here.

For inquiries, please visit the nearest Land Registration Authority Office in
your area. You can also visit their official website at www.lra.gov.ph