Titling of Lots

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Titling

Titling refers to the process of as a proof of ownership. Different regions of PNP may avail of the
technical assistance from this service to title the properties of PNP acquired through donation
and purchase.

STEPS ON HOW TO ACQUIRE ORIGINAL CERTIFICATE OF TITLE

I. SURVEY OF LAND

The land shall be measured by a licensed surveyor or Geodetic Engineer who shall
also prepare the plan in tracing cloth or Diazo Polyester Film.

II. APPROVAL OF PLAN

The plan shall be approved by the Director of Lands or the Regional Lands Director or the
Regional Technical Director who has jurisdiction over the place where the property is located.
The plan shall have a technical description that is verified and certified by the Director of Lands
or the Regional Technical Director or his designated official authorized to issue such
certification.

III. FILING OF APPLICATION

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The application for land registration shall be typewritten and shall be filed at the Regional Trial
Court that has jurisdiction over the place where the land is located. It shall be in Seven (7)
copies, which shall be signed and sworn into by the applicant.

The application shall be supported by the following;

a.The original plan in tracing cloth duly approved by the Director of Lands/ Regional Lands
Director/ Regional technical Director and Two (2) blue print copies duly certified by the
aforementioned officers.

b. Three (3) copies of technical description that conforms with LRC Circular No. 365 which
duly verified and certified by the Regional Technical Director or his authorized representative.

c. Three (3) copies of certificates from the surveyor or Geodetic Engineer or certificate of
non-availability from the Regional Technical Director; and

d.Four (4) copies of the latest Tax Declaration or Assessment Certificate from the
Assessors Office
where the land is located.

The application shall contain the following information;

a.Description of the land.

b.Civil Status of the applicant. If married, include the name of spouse. If separated

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(when, where and what court gives the order of separation). If the applicant is of minor age,
state the age.

c.Complete name and address of the applicant, the present occupant of the land, owners of
the adjacent lands if known, if not known, statement how shall they be located. If minor,
complete name and address of legal guardian.

d. Citizenship of the applicant.

IV. LAND REGISTRATION CASE NUMBER

The clerk of Court shall issue a Land Registration Case Number once the
application has been received.

V. DATE OF HEARING

The court shall set the date and time of hearing for the application pursuant to
Section 23, PD 1529 and LRC Circular No. 353. The court order for the first hearing shall be
sent to LRA together with the duplicate copy of the application, original or certified copy of plan
in tracing cloth, original duplicate copy of technical description, surveyors certificate, latest tax
declaration and proof of payment of publication to the Official Gazette.

VI. PUBLICATION

The Notice of Initial Hearing prepared by LRA shall be published at the Official
Gazette and at the newspaper of general circulation in the Philippines. The cost of publication of

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P1,012.50, if the application is for each lot and an additional cost of P322.50 for every lot in
excess of one lot, have to be paid by the applicant at the Clerk of Court after filing the
application. The amount paid shall be given to the Director of National Printing Office.

VII. OPPOSITION

All persons who claim ownership or have interest over the land shall file
opposition at the Court to be heard.

VIII.EVIDENCE

The applicant and the opposition shall present proof of ownership during the
hearing.

IX. DECISION

After the hearing, the Court shall read the decision in favor of the person who
has proven his ownership over the land. If the decision has been declared final, the Court shall
issue Court Order directing the Administrator of LRA to provide Degree of Registration for the
said person.

X. DECREE OF REGISTRATION

After receipt of the Court Order, the Administrator of LRA shall provide a
Decrees of Registration with number, written in the Original Certificate of title and the original
Owners Duplicate Copy of it to be delivered to the Register of Deeds of the place where the

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land is located.

XI. CERTIIFICATE OF TITLE

After receipt of the original and duplicate copes of Original Certificate of Title or
Decree of Registration, the Register of Deeds shall assign an OCT number and shall be kept at
the vault of the registry. The Register of Deeds shall provide to the registered owner the owners
duplicate copy of the Original Certificate of Title after paying the legal fees thereof.

REQUIREMENTS FOR PETITION FOR RECONSTITUTION OF ORIGINAL/TRANSFER

CERTIIFCATE OF TITLE

The Petitioner is required to submit the following:

1. A signed copy of the petition;

2. A certification from the Register of Deeds concerned that the original of the certificate of
title in the Registry was either lost or destroyed;

3. Certification from the Lands Management Bureau that Patent title was issued to Lot No.
_______;on the basis of which the reconstitution is to be made, duly certified by the Clerk of
Court pursuant to Par. 4 (a) of LRC Circular No. 35, and that the same is/are the true and
faithful reproduction of the document presented by the petitioner.

4. The original with two (2) duplicate copies and a Xerox copy of the original of the technical
description of the parcel of land covered by the lost/destroyed certificate of title, certified by the
authorized officer of the Land Registration Authority/Land Management Bureau;

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5. The certified copy of lot data computation or area computation prepared by a duly
licensed Geodetic Engineer;

6. The sepia film plan with two (2) print copies of the subject parcel of land prepared
by a duly licensed Geodetic Engineer who shall certify thereon that its preparation was made on
the basis of a certified technical description;

REQUIREMENTS FOR REGISTRATION

VOLUNTARY TRANSACTIONS (Sale, Donation, Settlement, Adjudication, Petition,

Mortgage, Exchange, Lease, Merger)

Common Requirements:

v Original copy of the Deed/Instrument

If the original copy can not be produced, the duplicate original or certified true copy shall be
presented accomplished with a sworn affidavit executed by the interested party stating why the
original copy can not be presented.

v Owners and co-owners copy of the certificate of title (if one had been issued), if the land is
registered.

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v DAR Clearance and Affidavit of Aggregate Land Holding of the transferee if the land is
covered by CARP.

Specific Requirements:

1.Deeds of Transfer

a.BIR certificate authorizing registration re: payment of capital gains tax, estate tax and
donors as the case may be.

b.Revenue tax receipts evidencing payment of documentary stamp tax, if the amount paid
is P10.00 and above.

c.Real Property tax clearance indicating the tax declaration number.

d.Proof of payment of transfer tax, except if the document was executed before July 1, 1973.

e.Affidavit and Certificate of No Improvements, in case no improvement by the Assessors

Office.

f.Tax declaration

Additional Requirements:

v For extra judicial settlement/adjudication - Affidavit of publication of the publisher/editor

stating that the deed/instrument had been published for the three (3) consecutive weeks.

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v Sale of Subdivision Lots - License to sell and/or certificate of registration by HLURB (In
case of subdivision projects)

v Power of Attorney or any deed, instrument executed abroad - Certificate of authentication

by the nearest Philippine Consulate.

v Judicial Settlement of Estate

a. Order approving the project of partition.

b. Certificate of finality of the order/termination of special proceeding.

c. Letter of administration if the property is encumbered or sold during the settlement

proceedings.

v Mortgage, Lease

a. Certificate of non-delinquency in the payment of real estate tax.

b. Documentary Stamp Tax

v Extra judicial Foreclosure of Mortgage

a. Certificate of sale by the sheriff.

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b.Approval of the Executive Judge, RTC (except where the sale was conducted by the
notary
public)

c. Documentary Stamp Tax

vConsolidation of ownership

Affidavit of consolidation of the purchase/deed of sale of the mortgage.

v Judicial Foreclosure of Mortgage

a. Court order directing the sale by public auction.

b. Certificate of sale issued by the sheriff.

v For Subdivision and/or Consolidation plan

a. Without change of ownership

1. Letter request

2. Tracing cloth of the plan duly approved by the Land Registration Authority or the Land
Management Bureau.

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3. Blue print copy of plan

4. Original technical description

b. With change of ownership

1. agreement of partition

2. real estate tax clearance

PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF DONATION:

1 st Step Execute Deed of Donation

2 nd Step Annotation of OCT or TCT and the executed deed of donation to the Office
of the Register of Deeds

3 rd Step Proceed to the Assessors Office for the issuance of the following:

a. Payment of Realty Tax, if any

b. Latest certified copy of a Tax Declaration

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c. Issuance of Tax Clearance

d. Payment of Transfer Tax, if any (75% of 1.0% of the assessed value)

e. Issuance of Transfer Tax Clearance.

4rth Step Proceed to District/Regional Office of BIR

1. Present the following:

a. Deed of donation

b. Owners Duplicate Copy of OCT/TCT

c. Tax Clearance

d. Transfer Tax Certificate

e. Certification of No Improvements from the Assessors Office and Affidavit executed by

the taxpayer

2. Payment of Donors Tax, if any

3. Issuance of Donors Tax Certificate

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4. Issuance of Certificate Authorizing Registration (CAR)

5 th Step Proceed to Register of Deeds

1. Present the following:

a. Owners Duplicate Copy of OCT/TCT

b. Tax Clearance Certificate

c. Transfer Tax Receipt

d. Certified Copy of Tax Declaration

e. Realty Tax Clearance

f. Donors Tax Clearance

g. Certificate Authorizing Registration (CAR)

2. Filing of Application Form

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3. Payment of fees, if any

4. Issuance of Transfer Certificate of Title

Note: Payments are made depending on the location of the property and year of acceptance.
Tables of payments are available in each office concerned.

PROCEDURE IN ACQUIRING TITLE THROUGH DEED OF SALE:

1 st Step Execute Deed of Sale

2 nd Step Annotation of OCT or TCT and the executed deed of sale to the Office of the
Register of Deeds

3 rd Step Proceed to the Assessors Office for the issuance of the following:

a. Payment of Realty Tax, if any

b. Latest certified copy of a Tax Declaration

c. Issuance of Tax Clearance

d. Payment of Transfer Tax, if any (75% of 1.0% of the assessed value)

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e. Issuance of Transfer Tax Clearance.

4rth Step Proceed to District/Regional Office of BIR

1. Present the following:

a. Deed of Sale

b. Owners Duplicate Copy of OCT/TCT

c. Tax Clearance

d. Transfer Tax Certificate

e. Certification of No Improvements from the Assessors Office and Affidavit executed by

the taxpayer

2. Payment of Capital Gains Tax, if any (7.5% of the Zonal Value)

3. Payment of Documentary Stamp Tax (1.5% of the Zonal Value)

4. Issuance of Capital Gains Tax Certificate

5. Issuance of Certificate Authorizing Registration

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5 th Step Proceed to Register of Deeds

1. Present the following:

a. Owners Duplicate Copy of OCT/TCT

b. Transfer Tax Receipt

c. Certified Copy of Tax Declaration

d. Tax Clearance Certificate

e. Realty Tax Clearance

f. Documentary Stamp Tax

g. Capital Gains Tax Clearance

h. Certificate Authorizing Registration (CAR)

2. Filing of Application Form

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3. Payment of fees, if any

4. Issuance of Transfer Certificate of Title

Note: Payments are made depending on the location of the property and year of acceptance.
Tables of payments are available in each office concerned.

DONORS TAX CLEARANCE REQUIREMENTS

1. Donors Tax Return (4 copies)

2. Deed of Donation (2 Xerox copies)

3. Title (back to back) (2 Xerox copies)

4. Latest Tax Declaration (back to back) ( 2 Xerox copies)

a.Tax declaration for improvement introduced in 1985 and prior years (2 Xerox copies)

b. Building Permit or occupancy permit for improvement introduced in 1986-1990) (2 Xerox

copies)

5. If no improvement

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a.Affidavit of no improvement secured from Lawyer (2 copies)

b.Certification from the City Assessors Office that there is no existing improvement (2
copies)

6. Donors tax return duly received by accredited bank (1 copy duplicate and 2 Xerox copies)

7. Birth Certificate or Sworn Statement of Relationship (2 copies)

8. Computation sheet accomplished by Revenue Officer (original)

9. Certification Fee (original)

10. Documentary Stamp Tax (original)

11. Marriage Contract (1 Xerox copy)

REQUIREMENTS IN THE ISSUANCE OF PROCLAMATIONS/RESERVATIONS

Pursuant to Presidential Memorandum Circular No. 28 dated 10 January 1993, the following
documents for the processing of requests for Presidential Proclamation must be complied with:

1. Request for reservation by the Reservee.

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2. Comments/Recommendation of the following:

a. Provincial health Officer duly concurred or recommended by the Regional Health Director
and Secretary of Health when it may affect the health of the people.

b. District Engineer of DPWH duly concurred or recommended by the Regional Director and
Secretary of DPWH.

c. Provincial Commander or the Chief of Staff of the Armed Forces of the Philippines in case
of military reservation duly concurred or recommended by Secretary of Department of National
Defense (DND).

3. Survey of the land to be reserved duly approved by the Regional Technical Director
for lands concerned and approved plan.

4. Verified and certified correct Technical Description.

5. Certified photographs (or visual documentation) showing panoramic view of the area
subject of the proposed proclamation as well as adjacent areas/vicinities improvements
introduced, landmarks, identifying features, settlements, if any, etc.

Land classification or Municipal Index Map projecting the area covered by the
proposed proclamation and land uses of the area and surrounding vicinities within two (2)
kilometer radius.

ADDITIONAL REQUIREMENTS IN ACQUIRING REAL PROPERTY THROUGH

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PRESIDENTIAL PROCLAMATION:

1. Approved Original survey of the property.

2. Tax declaration/TCT/OCT.

3. Certification from the Local Government Units.

4. Draft of presidential proclamation.

5. Recommendation Letter from CENRO.

CHECKLIST ON REQUESTS FOR EOS, AOS AND OTHER PRESIDENTIAL ISSUANCES

OR APPROVAL

1. JUSTIFICATION an explanation on the economic administration or other justifications

for the
requested issuance or approval.

2. LEGAL BASIS a statement citing the legal basis for the requested issuances or
approval.

3. AGENCIES INVOLVED a statement enumerating the departments, agencies or offices

that may be involved in or affected by, the implementation of the requested issuances or
approval.

4. COORDINATION WITH AGENCIES - A statement that the necessary coordination or

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consultations were made with the agencies involved or affected.

5. POTENTIAL PROBLEMS a statement on the potential risks, problems, or complications,

if any, that may arise if the request for presidential issuances or approval is granted or denied.

PROCEDURE IN ACQUIRING PRESIDENTIAL PROCLAMATION:

1 st Step Conduct research of the area.

2 nd Step Execute survey of the area with the following activities:

a. Request survey authority from CENRO (1 month).

b. Execute survey (subdivision and topographic survey)

3 rd Step Secure clearance/certification/endorsement from the following:

a. Office of the Mayor

b. Office of the Municipal Agrarian Reform Officer (DAR)

c. Office of the Municipal Planning and Development Officer

d. Office of the Provincial Engineer (DPWH)

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e. Office of the Provincial Health Officer (DOH)

f. Office of the CENRO (DENR)

4 th Step Prepare panoramic view of the area being requested for presidential
proclamation.

5 th Step Submit survey returns to regional office of Lands Management

Bureau/DENR for approval.

6 th Step Filing of requirements for proclamation:

a. Approved survey plan

b. Clearances and

c. Panoramic view

7 th Step CENRO will conduct investigation and evaluation.

8 th Step Lands Management Bureau conducts evaluation and issues

recommendation for proclamation.

9 th Step DENR Central Office will drafts the proclamation and endorses it to the

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President of the Republic for approval.

10 th Step Issuance of Approved Proclamation

Inventory Report of PNP Building/Facilities are coming from the Different Police Regional
Engineers

I. Report regarding the status of building/facilities in their AOR.

Criteria for Evaluation

1.1 Buildings that are already dilapidated and beyond repair are to be demolished.

1.2 Building facilities, which are damaged by fire as consequence of sabotage,, terrorism
and other military or popular rising.

1.3 Buildings/facilities, which are destroyed by typhoons and other natural calamities.

1.4 Any loss or damage of buildings/facilities occurred during the prescribed period.

1.5 Construction of the PNP buildings on PNP owned lot is given priority for programming.

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II. PNPES Land Utilization Division is monitoring the status of this buildings/facilities based on
the updated quarterly report of the different regional engineers.

III. The following are engineering parameters to be implemented in order to obtain substantial
report from the different police regional offices (see attached format).

IV. The premium invoice number of the buildings/facilities fire insurance, signatories and
recapitulation are indicated on the last page.

V. There should be a separate format for gains and losses in order to have an accurate report.

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