Ocass Digos -Tax Mapping Division

To install and maintain a real property identification; Prepare, install and maintain a system of ta

21/06/2024

On going Re- inventory program of the City Assessor of Digos.

13/03/2024

Before ka mupalit ug lote nga tax dec lng ang gigunitan...(untitled property)

28/09/2023

FYI

Real Estate 101 🔥

Transfer of Title; From mother Title to individual Subdivided Lot

The duration of the Transfer Process depends on the Nature and Origin of the Title.

In most cases, the ”Mother” title or the title that covers the entire property is usually under the name of the deceased parents or relatives of the Seller. This scenario takes the longest time to process. To wit:

1. Ex*****on of the EXTRAJUDICIAL SETTLEMENT OF ESTATE either for Partition or Sale. The ex*****on may take time because it requires the presence of all the heirs who have shares or interest of the property.

2. Next would be the Publication of the ExtraJudicial Settlement of Estate and the Processing and Payment of the Estate Tax.

3. Simultaneously, if the heirs agreed to a certain partition , they must Hire a competent Geodetic Engr., to survey and plot the Subdivision plan based on the agreed partition. Then, it will be submitted to DENR for approval. (This will usually take 3-12 months depending on the DENR.)

4. Upon completing the Publication Requirements, the heirs can now proceed with the BIR to settle the estate tax and wait for eCar to be released. (Usually 3-6 weeks)

5. Once the eCar is released, you may now proceed to the Registry of Deeds to update the Title. From the Old Title named after the deceased parents to the HEIRS.

6. Once the DENR will release the approval of the Partition/Subdivision plan, the heirs may now proceed to the Registry of Deeds (ROD) to apply for the Splitting of Title. This may take up to 6 weeks.

7. After the Titles are individualized and released, the heirs may now proceed to the Assesors for assessment, inspection and issuance of individual Tax Declaration.

8. Note: properties under estate taxes and subdivided among heirs will be annotated with encumbrances for its Liabilities under Sec. 4 Rule 74 for 2 years. This is a protection to all the heirs or creditors that are not aware or not uncluded in partition.

9. If you buy a portion of this property, you may now start the Transfer Process which may include the ff:

9A. Ex*****on of the final Deed of Sale with Title no. And description of the actual portion.

9B. Payment of Capital Gains Tax, Documentary Stamp Tax and other transfer Fees.

9C. After settling the BIR transfer Tax, you may now obtain your eCAR from from the BIR. (3-8 weeks)

9D. Once the eCAR is available, you may now proceed to the ROD for the transfer of title. (3-8 weeks)

9E. After the Release of the Title, you have to proceed to the Assessors office for inspection, assessment and issuance of new Tax Declaration.

The entire processing usually take 18-36 months depending on fast you can comply with all the requirements.

Photos from Ocass Digos -Tax Mapping Division's post 06/09/2023

The Office of the City Assessor (OCASS) ensures that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are fairly, accurately and effectively executed. It is also responsible for the preparation, instalation and maintenance of a system for Tax Mapping and record administration. It is also responsible for the development and upgrading of and identification of properties and geographic analysis system. It also in charge of the preparation of Schedule of Fair Market Values of the different classes of properties within Digos City. This office is headed by Engr. Mervinne P. Rocamora, REA and assisted by Engr. Janet Carolyn D. Torres, REA, under the leadership of our visionary Mayor, Hon. Josef Fortich Cagas, RN JD.

11/01/2023

Done Installing Pin of 5 highly urbanized barangays of Digos City...21 more to go


🥰

Photos from Ocass Digos -Tax Mapping Division's post 05/12/2022

Monday Convocation...turn over of Police Vehicle.

LUPA NA NABUO SA TABI NG ILOG, SINO MAY-ARI? 23/11/2022

https://youtu.be/bOgLgTcO7Ho

LUPA NA NABUO SA TABI NG ILOG, SINO MAY-ARI? Sa tagal ng panahon nagkaroon ng land/soil formation or nagka-buo ng lupa sa tabi ng ilog. Ang Tanong, sino po ang May-ari ng nabuo na lupa? 1. Ang may-ari n...

Photos from Ocass Digos -Tax Mapping Division's post 26/10/2022

Barangay Aplaya and brgy. Zone I section maps done...24 barangays more to go.

Paglipat ng TAX DEC sa pangalan ng buyer ng lupa na nabili nia. Safe ba bumili ng tax dec lang? 23/09/2022

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Paglipat ng TAX DEC sa pangalan ng buyer ng lupa na nabili nia. Safe ba bumili ng tax dec lang? Lecture Room of Atty. Raymond Batu Lupa na hindi titulado at Tax Dec lang ang Patunay ng pag ma-may ari at gusto mo bilihin, safe ba? Medyo risky po per...

GASTO SA PAGLIPAT NG TITULO NG LUPA, MAGKANO NGA BA? 22/09/2022

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GASTO SA PAGLIPAT NG TITULO NG LUPA, MAGKANO NGA BA? In this video I will answer the numerous questions kung magkano ang gasto sa pag patitulo ng lupa and paano. I will give you a "No holds barred" Reasonable E...

22/09/2022

‼️KNOWLEDGE 105‼️

🏡 What Should I Do if my Property Title is Lost or Destroyed 🏡
Here we answer some of your common questions on our previous posts:
🔻🔻🔻🔻🔻🔻🔻🔻🔻
🔹Q: What are the things to do if my property title is lost or destroyed?

🔸A: When your copy is lost, a new copy can be issued to you via basic court proceedings. You can initiate this by notifying the loss at the Registry of Deeds of the Land Registration Authority, specifically the registry of the locale in which your land with the lost title is located.

Should the loss occur where the land title is in the possession of the bank or lending institution from whom you took out a mortgage for the property, then it is the firm’s responsibility to acquire the replacement as soon as possible. Either case, it is important to get this done as soon as possible, as your property cannot be sold or its ownership transferred without the title.

🔹Q: What if the property is not to be sold soon? Is an immediate replacement of a title necessary?

🔸A: Yes. When your land title is missing or destroyed, it puts the property at a certain amount of risk. Other parties may falsely make claims for the ownership of the land, which for the most part can be quite an inconvenience. True ownership can be proven at the Registry of Deeds, where a second copy of a land title is always kept to take care of such ownership disputes.

🔹Q: What if it is the Registry of Deeds that loses the property title?

🔸A: In the instance that a property title is compromised at the Registry of Deeds, it is up to them to reconstitute the title. On your end as an owner, apart from making sure your copy is secure, is to be mindful of anything that happens to the Registry of Deeds where the original copy is kept, because in the instance that it experiences something like a fire or a calamity that destroys the files they store, unscrupulous individuals may take advantage by making false claims toward the different pieces of land the registry covers. For that moment it would only be you or your bank or lending institution who has a copy of the title, and your copy will be an important support document in the reconstitution of the property title.

🔹Q: We lost the title of one of our properties in the Philippines, but the Registry of Deeds has the original title. Do we still need to go through the judicial reconstitution process or only petition for Reissuance of Lost Owner’s Title? How much is usually the cost for the Reissuance of Lost Owner’s Title?

🔸A: Petition for reissuance of lost owner’s title is the appropriate procedure. The judicial reconstitution process is only applicable when the copy of the title held by the Registry of Deeds has been lost or destroyed due to unforeseen events such as calamities.

🔴 To further explain, here’s the difference between the reissuance of lost owner’s title and the reconstitution process:

🟢 The reissuance of the lost title is done when the owner wishes to secure a duplicate of the original title, which is kept by the Registry of Deeds. If you lost your copy of the title and want to secure another copy, you can file an affidavit of loss in the Registry of Deeds.

🟢 When the original copy held by the Registry of Deeds got destroyed or lost due to unforeseen events such as calamities and fire, you will need to undergo judicial reconstitution of the title, which can take up to nine months. To undergo judicial reconstitution, you will need the following documents:

🔸Signed copy of the petition
🔸Tax declaration
🔸Tax clearance certificate
🔸Copy of the original title
🔸Certification from the Registry of Deeds that the title was lost/destroyed
🔸Land description from the Land Registration Authority or Land Management Bureau
🔸Lot data computation from a Geodetic engineer

‼️ Judicial reconstitution of lost title can become a tedious process requiring attendance at court hearings. The ownership of the property must be proven first before the property title can be reconstituted. Remember that the burden of proof lies on the owner of the property, which means you are responsible for providing all the necessary documents to prove that you own the property, and that a new property title can be reconstituted under your name.

‼️Real estate matters can get be a little tricky especially when it involves the law. The best way to navigate these issues and avoid costly mistakes is to consult a licensed attorney. With their expertise and understanding of the specific situation you’re in, they can advise appropriate solutions to move forward.

🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻
Follow us for more like this:

‼️KNOWLEDGE 101‼️
🏡 LAND TITLE VS TAX DECLARATION 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1285591578644548/

‼️KNOWLEDGE 102‼️
🏡How to Transfer Real Estate Titles in the Philippines (From a Sale) 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1285571438646562/

‼️KNOWLEDGE 103‼️[ENGLISH]
🏡How to Transfer a Land Title from a Deceased Parent 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1290387381498301/

‼️KNOWLEDGE 103‼️[TAGALOG]
🏡Paano Maglipat ng Titulo ng Lupa mula sa Namayapang Magulang 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1297334447470261/

‼️KNOWLEDGE 104‼️
🏡 Legal Procedures in Transfer of Title 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1308759636327742

Safe ba bumili ng lupa na walang titulo pero merong Tax Declaration? 21/09/2022

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Safe ba bumili ng lupa na walang titulo pero merong Tax Declaration? This is a new segment or playlist "YOUR QUESTION, MY ANSWER". This is the question of Angelic Shayne Baculan asking if SAFE BA BUMILI NG LUPA NA WALANG TITUL...

DAR Clearance para sa pagpalipat ng Agricultural Land Transfer Title (TAGALOG)- John Beryl 29/08/2022

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DAR Clearance para sa pagpalipat ng Agricultural Land Transfer Title (TAGALOG)- John Beryl DAR Clearance or Land Transfer Clearance complete requirements and process for transferring Original/Transfer Certificate of Title of Agricultural Land #...

17/08/2022

FYI SA GUSTONG MAG-PA PROCESS NG TRANSFER NG TITULO NG LUPA!

How to Transfer Real Estate Titles in the Philippines (From a Sale)

Too often, when there’s a problem with the documents of a piece of land, it can be traced back to an improper transfer of ownership. And this simple mistake is the root cause of very long court proceedings in a lot of cases.

When the Title to a property is not properly transferred to the the new owner, it likely becomes a cause of conflicting claims in the future. It costs a lot of resources — not only money, but also time and energy — to resolve this when a long period of time has already passed.

Situations you don’t want to get into
Below are some problematic situations we’ve seen from previous and existing clients. And I’m sure you don’t want to get into any one of them, so I recommend reading the rest of this post.

• A sale of a property between two strangers. They only executed a Deed of Absolute Sale but the buyer did not proceed to transfer the Title to his name. The sale was not even registered with the Registry of Deeds.
Many years later, the buyer died and his children assumed ownership of the property, also without completely processing the transfer of Title.

When the seller also died, his children settled his estate. Included in there was the property already sold to the abovementioned buyer. A new Title was released for the property, in the name of one of the seller’s children.
There are now conflicting claims between the children of the seller and the children of the buyer.

• A Transfer Certificate of Title issued to a person without complete supporting documentations. It turned out that this new Title was issued with the help of an insider “contact” or “connection” from the concerned government agency. But the supporting documents are lacking.

A buyer bought the property relying on the authenticity of the said Title. Now, when he tried to transfer it to his name, the supporting documents for the previous transfer were required. They are nowhere to be found, so… big problem.

(Sidenote: This is why an independent Title Verification is very important before buying a property from an individual seller.)

• A sale of a property by a corporation to an individual buyer. After completing his payment, the buyer did not proceed to complete the transfer of the Title to his name. The Deed of Sale was not registered and not even notarized.

Years later, the corporation dissolved. Now the buyer wants to process the transfer of Title to his name. But in getting the Deed of Sale notarized, nobody can sign the documents in behalf of the corporate seller because the corporation is not existing anymore. Again, a big problem.

We have some more examples of these troubled situations involving real property Titles. But the above should be enough to give you an idea of how important it is to transfer Titles properly.

So, below is a practical and step by step guide on how to properly process a transfer of Title subsequent to a sale.

Important note: There are several different modes of transferring ownership of a real property. It can be through a sale, donation, exchange, inheritance, and others that are more complicated. Each of these modes has different sets of documentary requirements. The one I’ll be describing here is for a sale.

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THE PROPER AND COMPLETE PROCESS

I. Preparation
1. Prepare the necessary documents for ex*****on of Deed of Sale:
o Deed of Absolute Sale (or other variants, as appropriate in your case)
o Acknowledgment of Payment (from buyer to seller)
o Affidavit of non-tenancy and/or no pending case (as appropriate)
o Affidavit of land holdings by the buyer (as applicable)
2. Signing of documents.
Both parties should sign the following:
o Deed of Absolute Sale
o Acknowledgment Receipt of Payment by the buyer to seller
The seller should sign the:
o Affidavit of non-tenancy and/or no pending case
The buyer should sign the:
o Affidavit of land holdings
3. Secure the following documents to be needed later:
o 2 government-issued ID’s of both the seller and the buyer
o Tax Identification Number (TIN) of each party
o Original Owner’s duplicate of Title
o Marriage contract, if applicable
o Previous Certificate Authorizing Registration (CAR)
o Tax declaration
o Receipt(s) of Real Property Tax (RPT) payments
o Special Power of Attorney (SPA), if dealing with an attorney-in-fact (an authorized representative)
4. Notarization of documents – all documents signed by the parties should be notarized.

II. Secure payment computations and certified copies of the following documents.
1. Bureau of Internal Revenue (BIR):
o Secure computation of fees for Documentary Stamp Tax (DST) and for
o Capital Gains Tax (CGT)
Notes: Go to ONETT for DST and CGT computation; ask for the specific payee to be named in the manager’s check (if paying in check); and take note of their accredited banks, so you’ll know where to submit the payments.
2. City (or Municipal) Treasurer’s Office:
o Secure computation of Transfer Tax
o Secure Tax Clearance
Notes: Ask for computation of the Transfer Tax; ask for the specific payee to be named in the manager’s check for payment (if paying in check).
3. City (or Municipal) Assessor’s Office:
o Secure Certified True Copy of the Tax Declaration
4. Registry of Deeds:
o Secure computation of Registration Fee
o Secure Certified True Copy of the existing Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT), as appropriate
Notes: Ask for computation of the Registration Fee; ask for the specific payee to be named in the manager’s check for payment (if paying in check).

III. Preparation of payments.
Now that you know the exact fees that you will have to pay, you should prepare these amounts. These fees are preferrably paid using manager’s checks. But you can also pay them in cash.
Take note of the following deadlines for the settlement of these fees.
1. BIR:
o CGT – 30 days after the date of notarization of the Deed of Sale
o DST – 5th day of the following month from notarization of the Deed of Sale
2. City Treasurer’s Office:
o Transfer Tax – 60 days from date of ex*****on of Deed of Sale or the Acknowledgment of Payment
3. Registry of Deeds:
o Registration Fee – 1 year from the date of release of CAR from BIR + 6 months extension if approved by BIR upon due submission of request

IV. Process payments to BIR.
1. Present the following requirements to ONETT to obtain the official Computation Sheet:
o Certified True Copy of the Title (TCT or CCT)
o Certified True Copy of the Tax Declaration
o IDs of the buyer(s) and the seller(s)
o TIN of the buyer(s) and the seller(s)
o Filled-out online DST & CGT BIR Forms
o Deed of Sale
o Acknowledgment of Payment
2. Pay the DST & CGT at the Accredited Agent Bank (AAB) of the BIR-RDO (Revenue District Office)
o Fill out the bank form for the BIR payments
o Present the verified DST & CGT BIR returns together with the MCs (or cash payment) and the bank form
o Don’t forget the transaction slip!
3. Then go back to BIR to file the above listed documents together with the transaction slip for the processing of the new CAR

V. Process payment to the City Treasurer.
1. Present the following requirements to the Officer in Charge (OIC):
o Deed of Sale
o IDs of the buyer(s) and the Seller(s)
2. Submit manager’s check or cash payment to the designated cashier.
3. Bring the receipt to the OIC together with the above mentioned documents to process the Transfer Tax Clearance.

VI. Process payment to the Registry of Deeds.
1. Fill out an application form for transfer of Title and present the following requirements to the Examiner of the Day:
o CAR from the BIR
o Deed of Sale
o Transfer Tax Clearance
2. Submit the manager’s check or cash payment to the cashier for the registration. Then attach the receipt to the application form together with the documents stated above.

VII. Follow up with the Registry of Deeds.
1. Contact the assigned examiner for the progress of your application for new Title.
2. Once the new title has been released, file a copy with the City Assessors’ Office.

VIII. New Tax Declaration.
1. Finally, when the new Title under the buyer’s name is already released, present it to the Assessors’ Office for the issuance of the new Tax Declaration.

2. Congratulations! You’ve now completed the proper transfer of Title.
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PARTING REMINDERS
Great care and attention to small details are required in this process. You are also going to need a lot of patience as this will involve a lot of waiting and sometimes long queues.

Little mistakes along the way may cause major delays and possible serious issues in the future. So please be careful to save yourself a lot of trouble. If there’s anything you are not sure about, ask questions to relevant persons, not just to anyone.

Also, if you’re in doubt as to whether an original or only a copy of a document is required, just bring the original. You can just make copies there if only copies are needed.



Courtesy to the Rightful Owner

16/08/2022

Now u know!

‼️KNOWLEDGE 103‼️

🏡How to Transfer a Land Title from a Deceased Parent 🏡

‼️Certain things you need to take care of legally, especially if there is no will created before the parents passed away.

How do you go about the process?

🔻🔻🔻🔻🔻🔻🔻🔻🔻
🔴 Extrajudicial Settlement of the Estate

In order to have the land title transferred, it needs to be settled first in what is legally called the Extrajudicial Settlement of the Estate. The estate is the property involved. The process involves drafting a contract which clearly indicates how the property will be distributed among the heirs. This process is also known as out of court settlement because as the term suggests, the heirs will no longer have to go to court to distribute the properties which the deceased parent/s left.

Following Rule 74, Section 1 of the Rules of Court, the heirs need to secure and execute a Deed of Extrajudicial Settlement of Estate and Adjudication of Estate with the help of a lawyer. However, all heirs must get into an agreement, including those who are not interested in the property. The deed should specify the following information:

🔸The absence of a will
🔸Proof that the deceased parent/s has no debts left
🔸Name and relationship to the deceased; Heirs should be of legal age, otherwise, minors should have a legal representative
🔸Affidavit of self-adjudication, and deed of extrajudicial settlement of estate and adjudication of the estate (should be signed by all the heirs and afterward notarized before a Notary Public)
🔸Description of the property to be divided among the heirs
🔸Bond fixed by the court, should there be personal property involved

After a certain number of weeks, the heirs will have to obtain the certification and publication and have it affirmed and verified by the Bureau of Internal Revenue (BIR). They will release a certificate to the heirs which should be submitted to the Registry of Deeds or Land Registration Authority.

🔻🔻🔻🔻🔻🔻🔻🔻🔻
How to transfer ownership of a property to the heirs
_____________________________________________

🟢 1. Fill out an application for registration from BIR (Form 1904). All heirs (both living and deceased) must have a valid Tax Identification Number (TIN). Some things to remember:

🔹The name of the deceased parent/s should be written on the taxpayer’s name field
🔹The address of the deceased should indicate the same address as what is on the death certificate
🔹Fill out the foreign address field if the deceased died abroad and has no official residence in the Philippines
🔹Include a photocopy of the Certified True Copy of the death certificate on the form

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🟢 2. Make sure all mandatory documents are complete as this will be submitted to the BIR:

🔸Photocopy of the death certificate (bring the original copy too for verification)
🔸Proof of payment (official receipt or deposit slip and duly validated return)
🔸TIN of Estate
🔸Affidavit of Self Adjudication
🔸Sworn declaration of all properties of the estate
🔸Deed of Extrajudicial Settlement of the Estate (if the estate has been extrajudicially settled)
🔸Court Order (if the estate has been settled judicially)

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🟢 3. Accomplish an estate tax return form from BIR (Form 1801). Ask assistance from the Officer of the Day at the BIR, because they are also the one who will compute the taxes based on the documents submitted.

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🟢 4. Pay the estate tax to the BIR before the notarized deed can be registered. It is important to settle the file transfer immediately so that the estate tax will not get accumulated. You can pay through the following:

🔸Revenue Collection Officer;
🔸Authorized agent bank (AAB) by the BIR;
🔸Duly authorized Treasurer of the city/municipality in the Revenue District Office where the residence of the deceased at the time of death is located;
🔸If the person outside of the country and cannot be represented locally, you can settle through an AAB under RDO No. 39 South Quezon City

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🟢 5. Submit all the required documents, as well as the proof of payment to the BIR’s Revenue District Office (RDO). A claim stub with a reference number will be given if all requirements have been submitted. As soon as the processing is done, a Certificate Authorizing Registration (CAR) will be released. For all one-time transactions, the CAR will be released within 5 business days from the date of receipt of tax returns with complete required documents.

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🟢 6. As soon as you have the CAR, you may now proceed with the transfer of registration of the land title. According to the Land Registration Authority (LRA), one must bring the following documents which are required for registration of an inherited property:
🔸Deed of Sale (if the property has been sold to a third party)
🔸Deed of Extrajudicial Settlement of Estate
🔸Owner’s Duplicate Copy of Title
🔸BIR CAR/tax clearance certificate
🔸Tax Declaration (Certified Copy)
🔸Realty Tax Clearance
🔸Transfer Tax Receipt/Clearance
🔸Affidavit of Publication of Settlement

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Here are a few more things important things:

🔹If one of the heirs is deceased and had children, they have the right to inherit the property.
🔹Should one of the heirs do not cooperate, inform the court. Call the attention of those who do not cooperate and allow the court to decide on how the property will be distributed or disposed of, according to the law.
🔹If the estate tax remains to be unpaid in 10 years, there is a service charge of 25% of the tax amount, plus an additional 20% interest every year. If you don’t pay it immediately, the total charges and interest will accumulate until such time that the amount becomes more than the current market value of the property.

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Hopefully, this guide will help you lift some of the weight from grieving the death of a parent and help you keep their memory alive for many years to come.

🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻

‼️KNOWLEDGE 101‼️
🏡 LAND TITLE VS TAX DECLARATION 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1285591578644548/

‼️KNOWLEDGE 102‼️
🏡How to Transfer Real Estate Titles in the Philippines (From a Sale) 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1285571438646562

09/08/2022

FYI

‼️KNOWLEDGE 102‼️

🏡How to Transfer Real Estate Titles in the Philippines (From a Sale) 🏡

Too often, when there’s a problem with the documents of a piece of land, it can be traced back to an improper transfer of ownership. And this simple mistake is the root cause of very long court proceedings in a lot of cases.

When the Title to a property is not properly transferred to the the new owner, it likely becomes a cause of conflicting claims in the future. It costs a lot of resources — not only money, but also time and energy — to resolve this when a long period of time has already passed.

‼️Situations you don’t want to get into ‼️
Below are some problematic situations we’ve seen from previous and existing clients. And I’m sure you don’t want to get into any one of them, so I recommend reading the rest of this post.

🔴 A sale of a property between two strangers. They only executed a Deed of Absolute Sale but the buyer did not proceed to transfer the Title to his name. The sale was not even registered with the Registry of Deeds.
Many years later, the buyer died and his children assumed ownership of the property, also without completely processing the transfer of Title.
When the seller also died, his children settled his estate. Included in there was the property already sold to the above mentioned buyer. A new Title was released for the property, in the name of one of the seller’s children.
There are now conflicting claims between the children of the seller and the children of the buyer.

🔴 A Transfer Certificate of Title issued to a person without complete supporting documentations. It turned out that this new Title was issued with the help of an insider “contact” or “connection” from the concerned government agency. But the supporting documents are lacking.
A buyer bought the property relying on the authenticity of the said Title. Now, when he tried to transfer it to his name, the supporting documents for the previous transfer were required. They are nowhere to be found, so… big problem.
(Side note: This is why an independent Title Verification is very important before buying a property from an individual seller.)

🔴 A sale of a property by a corporation to an individual buyer. After completing his payment, the buyer did not proceed to complete the transfer of the Title to his name. The Deed of Sale was not registered and not even notarized.
Years later, the corporation dissolved. Now the buyer wants to process the transfer of Title to his name. But in getting the Deed of Sale notarized, nobody can sign the documents in behalf of the corporate seller because the corporation is not existing anymore. Again, a big problem.
We have some more examples of these troubled situations involving real property Titles. But the above should be enough to give you an idea of how important it is to transfer Titles properly.
So, below is a practical and step by step guide on how to properly process a transfer of Title subsequent to a sale.
Important note: There are several different modes of transferring ownership of a real property. It can be through a sale, donation, exchange, inheritance, and others that are more complicated. Each of these modes has different sets of documentary requirements. The one I’ll be describing here is for a sale.

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THE PROPER AND COMPLETE PROCESS
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🟢 I. Preparation
🔸1. Prepare the necessary documents for ex*****on of Deed of Sale:
🔹 Deed of Absolute Sale (or other variants, as appropriate in your case)
🔹 Acknowledgment of Payment (from buyer to seller)
🔹 Affidavit of non-tenancy and/or no pending case (as appropriate)
🔹 Affidavit of land holdings by the buyer (as applicable)

🔸2. Signing of documents.
Both parties should sign the following:
🔹 Deed of Absolute Sale
🔹 Acknowledgment Receipt of Payment by the buyer to seller
The seller should sign the:
🔹 Affidavit of non-tenancy and/or no pending case
The buyer should sign the:
🔹 Affidavit of land holdings

🔸3. Secure the following documents to be needed later:
🔹 2 government-issued ID’s of both the seller and the buyer
🔹 Tax Identification Number (TIN) of each party
🔹 Original Owner’s duplicate of Title
🔹 Marriage contract, if applicable
🔹 Previous Certificate Authorizing Registration (CAR)
🔹 Tax declaration
🔹 Receipt(s) of Real Property Tax (RPT) payments
🔹 Special Power of Attorney (SPA), if dealing with an attorney-in-fact (an authorized representative)

🔸4. Notarization of documents – all documents signed by the parties should be notarized.

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🟢 II. Secure payment computations and certified copies of the following documents.
🔸1. Bureau of Internal Revenue (BIR):
🔹 Secure computation of fees for Documentary Stamp Tax (DST) and for
🔹 Capital Gains Tax (CGT)
Notes: Go to ONETT for DST and CGT computation; ask for the specific payee to be named in the manager’s check (if paying in check); and take note of their accredited banks, so you’ll know where to submit the payments.

🔸2. City (or Municipal) Treasurer’s Office:
🔹 Secure computation of Transfer Tax
🔹 Secure Tax Clearance
Notes: Ask for computation of the Transfer Tax; ask for the specific payee to be named in the manager’s check for payment (if paying in check).

🔸3. City (or Municipal) Assessor’s Office:
🔹 Secure Certified True Copy of the Tax Declaration

🔸4. Registry of Deeds:
🔹 Secure computation of Registration Fee
🔹Secure Certified True Copy of the existing Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT), as appropriate

Notes: Ask for computation of the Registration Fee; ask for the specific payee to be named in the manager’s check for payment (if paying in check).

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🟢 III. Preparation of payments.
Now that you know the exact fees that you will have to pay, you should prepare these amounts. These fees are preferrably paid using manager’s checks. But you can also pay them in cash.
Take note of the following deadlines for the settlement of these fees.
🔸1. BIR:
🔹CGT – 30 days after the date of notarization of the Deed of Sale
🔹DST – 5th day of the following month from notarization of the Deed of Sale

🔸2. City Treasurer’s Office:
🔹Transfer Tax – 60 days from date of ex*****on of Deed of Sale or the Acknowledgment of Payment

🔸3. Registry of Deeds:
🔹Registration Fee – 1 year from the date of release of CAR from BIR + 6 months extension if approved by BIR upon due submission of request

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🟢 IV. Process payments to BIR.
🔸1. Present the following requirements to ONETT to obtain the official Computation Sheet:
🔹Certified True Copy of the Title (TCT or CCT)
🔹Certified True Copy of the Tax Declaration
🔹IDs of the buyer(s) and the seller(s)
🔹TIN of the buyer(s) and the seller(s)
🔹Filled-out online DST & CGT BIR Forms
🔹Deed of Sale
🔹Acknowledgment of Payment

🔸2. Pay the DST & CGT at the Accredited Agent Bank (AAB) of the BIR-RDO (Revenue District Office)
🔹Fill out the bank form for the BIR payments
🔹Present the verified DST & CGT BIR returns together with the MCs (or cash payment) and the bank form
🔹Don’t forget the transaction slip!

🔸3. Then go back to BIR to file the above listed documents together with the transaction slip for the processing of the new CAR

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🟢 V. Process payment to the City Treasurer.
🔸1. Present the following requirements to the Officer in Charge (OIC):
o Deed of Sale
o IDs of the buyer(s) and the Seller(s)
🔸2. Submit manager’s check or cash payment to the designated cashier.
🔸3. Bring the receipt to the OIC together with the above mentioned documents to process the Transfer Tax Clearance.

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🟢 VI. Process payment to the Registry of Deeds.
🔸1. Fill out an application form for transfer of Title and present the following requirements to the Examiner of the Day:
🔹CAR from the BIR
🔹Deed of Sale
🔹Transfer Tax Clearance
🔸2. Submit the manager’s check or cash payment to the cashier for the registration. Then attach the receipt to the application form together with the documents stated above.

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🟢 VII. Follow up with the Registry of Deeds.
🔸1. Contact the assigned examiner for the progress of your application for new Title.
🔸2. Once the new title has been released, file a copy with the City Assessors’ Office.

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🟢 VIII. New Tax Declaration.
🔸1. Finally, when the new Title under the buyer’s name is already released, present it to the Assessors’ Office for the issuance of the new Tax Declaration.
🔸2. Congratulations! You’ve now completed the proper transfer of Title.
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PARTING REMINDERS
Great care and attention to small details are required in this process. You are also going to need a lot of patience as this will involve a lot of waiting and sometimes long queues.
Little mistakes along the way may cause major delays and possible serious issues in the future. So please be careful to save yourself a lot of trouble. If there’s anything you are not sure about, ask questions to relevant persons, not just to anyone.
Also, if you’re in doubt as to whether an original or only a copy of a document is required, just bring the original. You can just make copies there if only copies are needed.

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‼️KNOWLEDGE 101‼️
🏡 LAND TITLE VS TAX DECLARATION 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1285591578644548/
🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻🔻
‼️KNOWLEDGE 103‼️
🏡How to Transfer a Land Title from a Deceased Parent 🏡
https://www.facebook.com/pinoybahayideas/photos/a.173016633235387/1290387381498301/

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