List of Mandatory Documentary Requirements (Land Registration)
Source:
[https://www.lra.gov.ph/mediafiles/pdf%20forms/Requirements/List%20of%20Mandatory%20R
equirements%20-%20Consulta%20(1).pdf]
For Extrajudicial Settlement of Estate:
Document Description
Main Document
Supporting Document
Supporting Document
Supporting Document
Supporting Document
Supporting Document
Supporting Document
Relevant Laws and Rules:
Provision
Section 86 (P.D. 1529)
Section 1, Rule 72 (Rules of Court)
Document Type
Deed of Extrajudicial Settlement of Estate
BIR CAR/Tax Clearance Certificate
Affidavit of Publication of Settlement
Owner’s Duplicate Copy of Title
Realty Tax Clearance
Tax Declaration (Certified Copy)
Transfer Tax Receipt or Clearance
Content
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No deed of extrajudicial settlement or affidavit
of adjudication shall be registered unless the
fact of extrajudicial settlement or
adjudication is published once a week for
three consecutive weeks in a newspaper of
general circulation in the province and
proof thereof is filed with the Register of
Deeds. The proof may consist of the
certification of the publisher, printer, his
foreman or principal clerk, or of the editor,
business or advertising manager of the
newspaper concerned, or a copy of each week's
issue of the newspaper wherein the publication
appeared.
Section 1. Extrajudicial settlement by
agreement between heirs. — If the decedent
left no will and no debts and the heirs are all of
age, or the minors are represented by their
judicial or legal representatives duly
authorized for the purpose, the parties may
without securing letters of administration,
divide the estate among themselves as they
see fit by means of a public instrument filed
in the office of the register of deeds, and
should they disagree, they may do so in an
 ordinary action of partition. If there is only one
heir, he may adjudicate to himself the entire
estate by means of an affidavit filed in the
office of the register of deeds. The parties to an
extrajudicial settlement, whether by public
instrument or by stipulation in a pending action
for partition, or the sole heir who adjudicates
the entire estate to himself by means of an
affidavit shall file, simultaneously with and as
a condition precedent to the filing of the public
instrument, or stipulation in the action for
partition, or of the affidavit in the office of the
register of deeds, a bond with the said register
of deeds, in an amount equivalent to the value
of the personal property involved as certified
to under oath by the parties concerned and
conditioned upon the payment of any just
claim that may be filed under section 4 of this
rule. It shall be presumed that the decedent left
no debts if no creditor files a petition for letters
of administration within two (2) years after the
death of the decedent.

The fact of the extrajudicial settlement or

administration shall be published in a
newspaper of general circulation in the
manner provided in the nest succeeding
section; but no extrajudicial settlement shall
be binding upon any person who has not
participated therein or had no notice
thereof.

Registration Process:
Provision Description
Section 57 (P.D. 1529) 1.) An owner desiring to convey his registered
land in fee simple shall execute and register a
deed of conveyance in a form sufficient in law.

2.) The Register of Deeds shall thereafter make

out in the registration book a new certificate of
title to the grantee

3.) [The Register of Deeds] shall prepare and

deliver to him an owner's duplicate certificate.
 4.) The Register of Deeds shall note upon the
original and duplicate certificate the date of
transfer, the volume and page of the
registration book in which the new certificate
is registered and a reference by number to the
last preceding certificate.

5.) Require the surrender of the grantor's

duplicate certificate for purposes of
cancellation (In Re: Consulta filed by
Attorney Vicente J. Fransisco on behalf of
Domingo Cabantog, G.R. No. L-45192, 10
April 1939)

5.) The original and the owner's duplicate of

the grantor's certificate shall be stamped
"canceled".

6.) The deed of conveyance shall be filled and

indorsed with the number and the place of
registration of the certificate of title of the land
conveyed.

Consulta Process:

Provision Description
Section 117 (P.D. 1529) 1. )

a. When the Register of Deeds is in doubt

with regard to the proper step to be taken or
memorandum to be made in pursuance of any
deed, mortgage or other instrument presented
to him for registration; or

b. where any party in interest does not agree

with the action taken by the Register of Deeds
with reference to any such instrument, the
question shall be submitted to the
Commissioner of Land Registration by the
Register of Deeds, or by the party in interest
thru the Register of Deeds.

2.) Where the instrument is denied

registration, the Register of Deeds shall notify
the interested party in writing, setting forth
the defects of the instrument or legal grounds
relied upon, and advising him that if he is not
agreeable to such ruling, he may, without
withdrawing the documents from the
Registry, elevate the matter by consulta
within five days from receipt of notice of the
denial of registration to the Commissioner of
Land Registration.

3.) The Register of Deeds shall make a

memorandum of the pending consulta on the
certificate of title which shall be canceled
motu proprio by the Register of Deeds after
final resolution or decision thereof, or before
resolution, if withdrawn by petitioner.

4.) The Commissioner of Land Registration,

considering the consulta and the records
certified to him after notice to the parties and
hearing, shall enter an order prescribing the
step to be taken or memorandum to be made.

5.) His resolution or ruling in consultas shall

be conclusive and binding upon all Registers
of Deeds, provided, that the party in interest
who disagrees with the final resolution, ruling
or order of the Commissioner relative to
consultas may appeal to the Court of Appeals
within the period and in manner provided in
Republic Act No. 5434.