1.Original Certificate of Title. The original title, which is stored in the Register of Deeds.

Owners
Duplicate Copy. An exact or carbon copy of the Original Certificate of Title thats given to the
owner of the property.Transfer Certificate of Title. When the title is to be transferred from the
owner to the buyer, the original Owners Duplicate Copy should be the same as the Transfer
Certificate of Title.Judicial Forms. The government forms used in conducting the transaction
with accompanying serial numbers. There are different kinds of judicial forms depending on the
purpose.

Take note of these forms:

No. 108-D Original Certificate of Title Owners Duplicate

No. 109-D Transfer Certificate of Title Owners Duplicate

LRC Form 1-A Condominium Certificate of Title -Owners Duplicate

With that out of the way, here are 12 ways you can check if your title is real or fake based on
the guidelines by the Land Registration Authority (LRA).

1. Check the Paper Material-One of the first things you can check to immediately spot a fake
title is the physical appearance of the paper. The Bangko Sentral ng Pilipinas (BSP) is solely
responsible for printing the judiciary forms used in the preparation of the property titles. They
use a special paper composed of 50% cotton and 50% chemical wood pulp with artificially
colored silk fibers. As such there are security features you need to look out for in its physical
appearance to ensure its authenticity:

NALTDRA or LRA watermark that can be seen when held against the light.

fibers of the paper material

planchettes or the colored circular patterns on the title

intaglio (technique used in printmaking) on border

According to LRA, fake titles are usually printed in forms made of cartolina or material of
inferior quality.

2. Check the Copies- First, check the initials, signatures, technical description, annotation and
other component elements in the front and the back of the original copy are exactly the same
as the duplicate copy. Afte all, theyre supposed to be carbon copies. If you see any difference,
you better be suspicious.
3. Check the Serial Number-The serial number of Judicial Forms for the original copy should be
printed in red while the duplicate copy should be in black. The serial number of the title should
follow the serial numbers of the other titles from the particular Registries of Deeds from which
your title came from.

4. Check the Dates-Likewise, a number is assigned to the judicial form found on the upper left-
hand corner of the form. Below the number is the year when the form was printed or revised. If
the judicial form of your title was prepared before the date when the form was printed or
revised, then you better start worrying.

5. Check the Title and Seal-The duplicate copy should have the words OWNERS DUPLICATE
CERTIFICATE on the left side margin of the judicial form. There should also be a red sealwhich
should not blot or stain when wetaffixed on the lower left corner of the form. The original
copy does not contain either of these feature.

6. Check the Title Number-Check the last two digits of the title number, which should match the
page number of the registration book noted on the upper right corner of the title.

7. Check the Reconstituted Tags-A lost or destroyed title needs to be reconstituted. A

reconstituted original copy of the title should have the letters RO before the title number
while a reconstituted transfer certificate of title should then have the letters RT before the
title number.

8. Check the Register of Deeds-Check if the person who signed the title was really the Register
of Deeds at the time when the title was issued.

9. Check the Entry Book-Check if the entry of a related transaction in the Primary Entry Book to
see if the title was issued on the basis of a duly registered document.

10. Check the Enumeration Book-Check the Enumeration Book or logbook to see which
personnel was assigned to prepare the title on a certain date and the serial number of the
judicial form used.

11. Check the Releasing Book-Check the Releasing Book to see if there was a title of such
number that was released by the registry on that date.

12. Check the History-Lastly, track the history of the title to see if the source is genuine. You
might have to go back all the way to the mother title, the derivate titles and other relevant
documents
Following the above steps is a good way to avoid being victimized by fake land titles to
supposedly cheap real estate properties being sold by syndicates. Most of the time, the offered
price is generally too low vis--vis the current fair market value.

In conclusion, when looking for a new house and lot or condominium for sale, always
remember the ancient saying caveat emptor or buyer beware.

A step-by-step guide to land title transferring in the Philippines (INFOGRAPHIC)by Jillian

CariolaPublished: August 5, 2016 Updated: September 6, 2016

Paying the seller isnt the last step to officially owning a property. Know the requirements and
process of land title transferring in the Philippines.

When buying a piece of property, one of the most crucial steps to complete the process is the
transfer of land title from the previous owner to the buyer. This legal process is essential as it
provides the buyer with a public record declaring him or her as the new owner of a particular
property. By having a new land title that carries your name, you can protect your investment
and avoid any ownership issues that may arise in the future.According to OMI Land Title
Services General Manager Hardy Lipana, it is advisable for a buyer to begin the process of
transferring the title right after the Deed of Sale has been executed. Once the Deed of Sale is
executed and notarized, the deadline for the payment of the transfer taxes will be in effect.
There will be corresponding penalties and interest charges for late payments of transfer taxes,
he said.

To start, you need to have the following requirements on hand:

Original copy of the notarized Deed of Absolute Sale (DAS), plus two photocopies

Owners duplicate copy of the Transfer Certificate of Title (TCT) or the Condominium
Certificate of Title (CCT) in case of sale of condominium units, plus two photocopies

Certified True Copies of the latest Tax Declaration for land and improvement of the real
property plus two photocopies. If the property sold is a vacant lot or no improvements have
been made on it, a Sworn Declaration of No Improvement by at least one of the transferees or
Certificate of No Improvement issued by the city or municipal assessor

Tax Identification Numbers (TIN) of the Seller and Buyer Additional requirements (if
applicable): Special Power of Attorney (SPA), if the person signing on the document is not the
owner as appearing on the TCT or CCT Certification of the Philippine Consulate if the SPA is
executed abroad Location plan or vicinity map if zonal value cannot readily be determined
from the documents submitted Such other requirements as may be required by law, rulings,
regulations, or other issuances For documents required in case of mortgage, judicial or extra-
judicial settlement of estate, judicial and extra-judicial foreclosure of mortgage, consolidation
of ownership, execution sale and condominium project, please refer to Documentary
Requirements for the Registration of Real Property with the Register of Deeds, Once you have
completed your documentary requirements, these are the steps you need to take.

I. At the Bureau of Internal Revenue (BIR)-Present your requirements to a BIR representative,

who will compute the Capital Gains Tax (CGT) and Documentary Stamp Tax (DST). Once the
computations have been done based on the documents you have given, the BIR representative
will have you sign three copies each of BIR Form 1706 for the CGT and BIR Form 2000 for the
DST.Once both BIR Forms 1706 and 2000 have been filled out, the BIR representative will give
you back all your documents and ask you to pay the CGT and DST at the authorized agent bank
(AAB).

II. At the Authorized Agent Bank (AAB)-At the AAB, a representative will ask you to fill out two
separate AAB payment forms for the CGT and the DST. Once you have filled out both forms,
present them to the AAB along with your cash payments for both the CGT and DST. Dont forget
to get a copy of the AAB CGT and DST payment forms back, and make sure they have been
stamped received by the AAB.

III. Back at the BIR-Go back to the BIR and return all of your documents, including the original
copies of the two AAB payment forms. The BIR representative will then give you a claim slip
indicating the date when you can claim the Certificate Authorizing Registration (CAR). The CAR
is required by the Register of Deeds for title registration and the issuance of a new Owners
Duplicate Original Copy of the TCT or CCT.As dictated by BIR Memorandum Order No. 15-03,
BIR Revenue District Offices are required to release CARs for all One Time Transaction (ONETT)
within 5 days of submitting all of your documentary requirements.

On the day of the release of the CAR, you will receive said document, along with the following:

Original copy of the Deed of Absolute Sale stamped received by the BIR

Owners Duplicate Copy of the TCT or the CCT

Original Copies of the BIR Form 1706 (CGT) and Form 2000 (DST) stamped received by the BIR

Copies of the Tax Declaration for land and improvement

IV. At the Local Treasurers Office-Pay the Transfer Fee and to secure a copy of the Tax
Clearance, which you will receive after paying a certain fee for its issuance and once youve
presented the following documents:

Original and one photocopy of the Deed of Absolute Sale

Photocopy of the Tax Declaration

Official Receipt of Payment of Real Property Tax and Special Education Fund Tax for the
current year

V. At the Registry of Deeds

To receive the new Owners Duplicate Copy of the TCT or CCT in your name, present the
following documents:

Original Copy of the Deed of Absolute Sale stamped received by the BIR, plus three
photocopies

Sellers Owners Duplicate Copy of the TCT or CCT

Original Copy of the CAR

Original Copy of the Tax Clearance

Original Copies of Official Receipts of Payments of CGT, DST, Tax Clearance Certificate, and
Transfer Fee

Original Copies of the Current Tax Declaration for land and improvement issued by the local
assessors office

If the seller or buyer is a corporation, submit the following requirements:

a. Secretarys Certificate authorizing the sale of the real property

b. Certified True Copy of the Articles of Incorporation and By Laws of the seller or buyer
corporation

Pay the required Registration Fee. Once the registration fee has been paid and the documents
submitted, a new Owners Duplicate Copy of the TCT or CCT will be released to you within 5
days.

VI. At the Local Assessors Office

For the issuance of the Tax Declaration in your name, submit the following documents:

Photocopy of the Deed of Absolute Sale

Photocopy of the TCT or the CCT

Photocopy of the CAR

Photocopy of the Transfer Tax Receipt

Photocopy of the latest Tax Receipt or Tax Clearance

Some local assessors offices, such as that of Makati City, require these additional documents:

a. Subdivision Plan, if lot is subdivided

b. Full-color photos of the house, lot, or condominium unit

Depending on the workload of Local Assessors office, it is possible to receive the Tax
Declaration on the same day as the application, or the following workday.

Free Patent

Free Patent Qualifications

Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent
Title under this Act, provided that in highly urbanized cities the land should not exceed two
hundred (200) square meters; in other cities it should not exceed five hundred (500) square
meters; in first class and second class municipalities it should not exceed seven hundred fifty
(750) square meters; and in all other municipalities it should not exceed one thousand
(1000)square meters; provided further, that the land applied for is not needed for public
service and/or public use.

Coverage-This Act shall cover all lands that are zoned as residential areas, including town sites
as defined under the Public Land Act; provided, that none of the provisions of Presidential
Decree No. 705 shall be violated. Zoned residential areas located inside a delisted military
reservation or abandoned military camp, and those of local government units or town sites
which preceded Republic Act No. 7586 or the NIPAS Law, shall also be covered by this Act.

Application The application on the land applied for shall be supported by a map based on an
actual survey conducted by a licensed

geodetic engineer and approved by the Department of Environment and Natural Resources
(DENR) and a technical description of the land applied for together with supporting affidavit of
two (2) disinterested persons who are residing in the barangay of the city or municipality where
the land is located, attesting to the truth of the facts contained in the application to the effect
that the applicant thereof has, either by himself or through his predecessor-in-interest, actually
resided on and continuously possessed and occupied, under a bona fide claim of acquisition of
ownership, the subject

land for at least ten (10) years and has complied with the requirements prescribed in Section 1
hereof.

Special Patents-Notwithstanding any provision of law to the contrary and subject to private
rights, if any, public land actually occupied and used for public schools, municipal halls, public
plazas or parks and other government institutions for public use or purpose may be issued
special patents under the name of the national agency or local government unit concerned;
Provided, That all lands titled under this section shall not be disposed of unless sanctioned by
Congress if owned by the national agency, or sanctioned by the Sanggunian concerned through
an approved ordinance if owned by the localgovernment unit.

Removal of Restrictions

The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in

Sections 118, 119, 121,122, and 123 of Chapter XIII, Title VI of Commonwealth Act No. 141, as
amended, shall not apply to patents issued under this Act.

Period for Application-All applications shall be filed immediately after the affectivity of this Act
before the Community Environment Natural Resources Office (CENRO) of the DENR. The CENRO
is mandated to process the application within one hundred and twenty (120) days to include
compliance with the required notices and other legal requirements, and forward his
recommendation to the Provincial Environment Natural Resources Office (PENRO), who shall
have five (5) days to approve or disapprove the patent. In case of approval, patent shall be
issued; in case of conflicting claims among different claimants, the parties may seek the proper
judicial remedies. Implementing Rules and Regulations The Director of the Land Management
Bureau of the DENR shall promulgate rules and regulations to carry out the provisions of this
Act, and shall see to it that such are gender responsive.

Repealing Clause All laws, decrees, executive orders, executive issuances or letters of
instruction, rules and regulations, or any part thereof, inconsistent with or contrary to the
provisions of this Act, are hereby deemed repealed, amended or modifiedaccordingly.

Separability Clause If, for any reason or reasons, any part or parts of this Act shall be declared
unconstitutional or invalid by any competent court, other parts or provisions thereof not
affected thereby shall continue to be in full force and effect.
Effectivity Clause This Act shall take effect fifteen (15) days after its publication in two (2)
national newspapers of general circulation. Free Patent is the confirmation of imperfect title
over alienable and disposable public agricultural lands thru administrative procedure. They are
acquired by natural-born Filipino citizens by virtue of their open, continuous, exclusive and
notorious possession of alienable and disposable public agricultural lands, for at least 30 years,
tacked to the possession of their predecessors-in-interest.

Miscellaneous Sales Patent

REPUBLIC ACT NO. 730 is an act permitting sale without public auction of alienable and
disposable lands of the public domain for residential purpose. The application to purchase the
land is called the Miscellaneous Sales Application and the corresponding patent is called the
Miscellaneous Sales Patent.

Who Are Qualified To Apply?

A Filipino citizen of lawful age, married; if single, applicant must be the head or bread winner of
the family;He is not the owner of a home lot in the municipality/city where the land applied for
is located;He must have occupied in good faith the land applied for and constructed a house
thereon where he/she and family is actually residing.

Requirements In The Filing Of Miscellaneous Sales Application Under R.A. No. 730

Application Filing fee of P50.00; Approved plan and technical description of the land applied
for;

Affidavit of the applicant stating that: He is not the owner of any other home lot in the
municipality/city where he resides.

He is requesting that the land be sold to him under the provision of R. A. No. 730.If the
applicant is single, he must submit an affidavit stating that he is the head or bread winner of
the family;

The land is not needed for public use. Maximum Area That May Be Granted To An ApplicantThe
applicant can only be granted a maximum area of 1,000 square meters. Presidential Decree No.
2004 dated December 30, 1985 amended Section 2 of Republic Act 730 thus, lands acquired
under this Act before and after the issuance of patent thereon are no longer subject to any
restriction.

Steps in Acquiring a Miscellaneous Sales Patent

Filing of application at the CENRO; Investigation and appraisal of the land applied for; Survey of
the land if not yet surveyed; Investigation report whether the applicant possesses the
qualification for direct sales; Comment and recommendation of the District/City engineer with
the concurrence of the Regional Director, Department of Public works and Highways;
Recommendation to the PENRO for approval of appraisal and request for authority to sell
without public auction; Approval of appraisal and grant of authority to sell by the PENRO;
Posting of notice of sale without public auction for thirty (30) consecutive days in the following
place CENRO Bulletin board Municipal building bulletin board Barangay Hall bulletin board On
the land itself Submission of the proofs of posting and payment of at least 10% of the appraised
value of the land; Order of Award; Proof of full payment of the purchase price of the land;
Order issuance of Miscellaneous Sales Patent in Judicial Form No. 167 with the technical
description duly inscribed at the back thereof; Approval and signature of the Miscellaneous
Sales Patent by the official concerned; Transmittal of the Miscellaneous Sales Patent to the
Register of Deeds concerned for the issuance of the corresponding Original Certificate of the
Title to the applicant.

THE LIMITATIONS ON EXPROPRIATION UNDER COMMONWEALTH ACT NO. 141

BY JAMES GERARD M. BAELLO

Private landowners who acquired their lands under Commonwealth Act No. 141, as amended
by Presidential Decree No. 1361 dated 26 April 1978, for homestead settlement, by sale or
lease, or by confirmation of imperfect or incomplete titles, whether by judicial legalization or by
administrative legalization (free patent), hold Torrens titles that are subject to a statutory lien
consisting of a right-of-way not exceeding sixty (60) meters in width which the Government
may expropriate for the construction of a government infrastructure project, like a road or an
airport.

Section 112 of Commonwealth Act No. 141, as amended, provides:

SEC. 112. Said land shall further be subject to a right-of-way not exceeding sixty (60)
meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and
telephone lines, airport runways, including sites necessary for terminal buildings and other
government structures needed for full operation of the airport, as well as areas and sites for
government buildings for Resident and/or Project Engineers needed in the prosecution of
government-infrastructure projects, and similar works as the Government or any public or
quasi-public service or enterprise, including mining or forest concessionaires, may reasonably
require for carrying on their business, with damages for the improvements only.

Government officials charged with the prosecution of these projects or their representatives
are authorized to take immediate possession of the portion of the property subject of the lien
as soon as the need arises and after due notice to the owners. It is however, understood that
ownership over said properties shall immediately revert to the title holders should the airport
be abandoned or when the infrastructure projects are completed and buildings used by project
engineers are abandoned or dismantled, but subject to the same lien for future improvements.
(Underscoring supplied.)

The question has been asked whether the Government can so expropriate without having to
pay just compensation and without instituting expropriation proceedings in court. The
Government has no such power.

The power of eminent domain is the right of a government to take and appropriate private
property to public use, whenever the public exigency requires it, which can be done only on
condition of providing a reasonable compensation therefor. 1 The exercise of the power of
eminent domain is constrained by two constitutional provisions: (1) that private property shall
not be taken for public use without just compensation under Article III (Bill of Rights), Section 9
and (2) that no person shall be deprived of his life, liberty or property without due process of
law under Art. III, Sec. 1.2 Before even setting foot on the landowner's private property, the
Republic must first consult and convince the landowner to consent to (i) the taking of his
property for public use, and (ii) the just compensation for such taking. Thus, the Supreme Court
held that [o]n due process, it is likewise basic under the Constitution that the property owner
must be afforded a reasonable opportunity to be heard on the issues of public use and just
compensation and to present objections to and claims on them. 3

If the landowner does not consent to the taking of his property (e.g., he does not agree that it
will be taken for a public purpose or there is a public necessity), the Republic must resort to
expropriation. If the landowner consents to the taking of his property but not to the
compensation offered by the Republic, the Republic must resort to expropriation. In other
words, if the landowner does not consent to either (i) the taking of his property for public use,
or (ii) the compensation therefor, or both, the Republic must institute expropriation
proceedings in court.

In the expropriation case, the Republic must show the public purpose and necessity of the
taking, and deposit the compensation and prove the fairness thereof. In due course, the court
will issue a writ of possession allowing the Republic to enter and take possession of the
expropriated property. Then, and only then, can the Republic set foot or take possession of the
expropriated property.

The Republic cannot shortcut the legal process. If the landowner objects to the taking of his
property and/or the compensation, the Republic cannot force the landowner to surrender his
property on mere notice, or upon a promise to pay compensation later, or without securing a
writ of possession from a court of law. If the landowner objects, the Republic must go to court.
It has no other choice.

[T]aking of private property without filing any complaint before a court of law under Rule 67 of
the Rules of Court or existing laws is patently felonious, confiscatory, and unconstitutional.
Judicial notice can be taken of some instances wherein some government agencies or
corporations peremptorily took possession of private properties and usurped the owner's real
rights for their immediate use without first instituting the required court action. Running
roughshod over the property rights of individuals is a clear and gross breach of the
constitutional guarantee of due process, which should not be countenanced in a society where
the rule of law holds sway. 4

Section 112 of Commonwealth Act No. 141, insofar as it allows the taking of private property by
mere notice and without payment of just compensation, is oppressive, confiscatory and
unconstitutional, being repugnant to Article III 1 and 9 of the Constitution. It is void, and of
no force and effect.

As held in Sabio vs. Gordon5 , a statute may be declared unconstitutional if it creates or

establishes methods or forms that infringe constitutional principles, or its purpose or effect
violates the Constitution or its basic principles. All existing laws, executive orders,
proclamations, letters of instructions and other executive issuances inconsistent or repugnant
to the Constitution are repealed.

In a proper case, an aggrieved private landowner can ask the court to declare Section 112 of
Commonwealth Act No. 141, insofar as it allows the taking of private property by mere notice,
without judicial permission, and without payment of just compensation, as unconstitutional,
void, repealed, and of no force and effect.

The exercise of the power of eminent domain is also constrained by requirements, guidelines
and standards prescribed by statute. The prevailing and controlling statute is Republic Act No.
8974 which was enacted by Congress on 7 November 2000.

Republic Act No. 8974 provides that real properties needed as rights-of-way, site or location for
any national government infrastructure projects shall only be acquired through donation,
negotiated sale, expropriation or any other mode of acquisition as provided by law.

Significantly, Section 3 of Republic Act No. 8974 does not provide any exception. It speaks of
real properties in general, without any distinction, classification or condition whatsoever. Thus,
Republic Act No. 8974 applies to any and all forms of private property taken for public use.
Under Republic Act No. 8974, any lands to be acquired as rights-of-way, including lands
originating from special patents, cannot be acquired by mere notice because notice-giving is
not among the modes provided under Republic Act No. 8974. Neither is mere notice-giving a
mode of acquisition under the Civil Code. Also, under Republic Act No. 8974, any lands to be
acquired as rights-of-way, including lands originating from special patents, cannot be acquired
without payment of just compensation because all of the modes provided under Section 3 of
Republic Act No. 8974 entail payment of just compensation or, at least, a voluntary waiver
thereof by the landowner. If the landowner objects to the taking of his property or the amount
offered for compensation, the law requires the Republic to go to court and, among other
things, secure a writ of possession before entering or taking possession of the private property.
Moreover, insofar as it allows the taking of private property by mere notice and without
payment of just compensation, Section 112 of Commonwealth Act No. 141 is inconsistent with
Republic Act No. 8974, and is thus deemed repealed or amended thereby.

Any agency within the Executive branch of government seeking to expropriate private land
under Section 112 and Commonwealth Act No. 141 is further bound by executive and
administrative issuances which prescribe policies, directives, rules, regulations, requirements,
guidelines and standards for the exercise of the power of eminent domain. The pertinent
executive fiat is the Implementing Rules and Regulations (IRR) of Republic Act No. 8974.

At first blush, Section 5 of the IRR of Republic Act No. 8974 seems to recognize the subsistence
of Section 112 of Commonwealth Act No. 141. However, a careful reading of the IRR reveals
that it, in fact, affirms that lands to be acquired as rights-of-way, including those originating
from special patents under Commonwealth Act No. 141, cannot be acquired by mere notice.
Section 5 of the IRR of Republic Act No. 8974 requires, at the very least, a quitclaim from the
landowner. This quitclaim implies that the landowner consents to the taking of his private
property and amounts to a voluntary waiver on the part of the landowner to be paid
compensation.

The statement in Section 5 of the IRR of Republic Act No. 8974 that [n]o payment by the
government shall be made for land acquired under the quit claim mode does not mean that
the Republic is not obliged or required to pay just compensation. It simply means that, if the
landowner waives his right to just compensation under the quitclaim mode, the Republic, as a
result, would be released from such an obligation.

Mere notice-giving will not suffice under the IRR of Republic Act No. 8974. If the landowner
objects to the taking of his property, the Republic must initiate expropriation proceedings, in
accordance with Section 8 of the IRR of Republic Act No. 8974, prior to taking possession of the
private property.

Also, the payment of just compensation is not an option; it is a mandatory requirement as

provided under Section 13 of the IRR of Republic Act No. 8974.
Even prior to the IRR of Republic Act No. 8974, the President of the Republic had long directed
executive officials to pursue only two (2) modes of taking private property for public use. They
were negotiated sale and expropriation only. One such executive issuance was Executive Order
No. 1035 issued by President Ferdinand E. Marcos on 25 June 1985. Another was Administrative
Order No. 50 issued by President Joseph E. Estrada on 17 February 1999.

1 Masikip vs. City of Pasig, G.R. No. 136349, 23 January 2006, 479 SCRA 391, 400.

2 Barangay Sindalan, San Fernando, Pampanga vs. Court of Appeals, G.R. No. 150640, 22 March
2007, 518 SCRA 649, 658.

3 Barangay Sindalan, San Fernando, Pampanga vs. Court of Appeals, supra at p. 661.

4 Emphasis and underscoring supplied; Barangay Sindalan, San Fernando, Pampanga vs. Court
of Appeals, supra at p. 661.

5 G.R. Nos. 174340, 174318 and 174177, 17 October 2006, 504 SCRA 704, 730-731.