Registration of CLOA Title

Pursuant to the Office Memorandum No.RI 08-CLOA from Provincial Assessor of Leyte and in accordance to the Assessment Manual, hereunder are the requirement/policy on CLOA Title;

1. Requirement under the Manual by analogy:

        a. Certified true copy of CLOA must be submitted or the CLOA itself signed by the DAR;

        b. Approved survey plan signed by the DENR Regional Director or a certified copy;

        c. Registration from the Register of Deeds of Deed of Sale and other alienations such as Donations,     Adjudication per Assessor’s Manual, Annex A.

2. In case this CLOA is covered by an existing tax declaration, the tax declaration shall be presented so that it can be cancelled in case this is a voluntary offer to sell by the landlord.

3. In case there is an existing tax declaration but the declarant is not the person in the CLOA, the said tax declaration shall be presented so that an annotation can be made on that tax declaration and on the tax declaration covered by the CLOA.

4. For the CLOA that are having an encumbrance showing on the face or back of the CLOA that it is not yet fully paid, the encumbrance shall also be annotated in the tax declaration issued and on the other tax declaration,  the same annoatation is made since the tax declaration with different declarant is not cancelled.

5. Exemption from taxes of CLOA transaction refers only to penalties and interest, and does not include exemption of payment of real property taxes and certification fees pursuant to an ordiance by the Provincial Government. (Local Finance Circular 1-94)

6. A certification from the Land Bank of the Philippines that the land covered by CLOA has already been paid is no longer necessary as there is already an annoatation to the encumbrance in the title itself showing that  it is not yet fully paid, which annotation should be carried over to the tax declaration.

7. These policies shall be follwed for Emancipation Patents or other titles issued by the DAR.

8. Before a new tax declaration is issued, the tax declaration reciept for the real property tax paid for 10 years under Sec.222 of RA-7160 shall be presented or a xerox copy thereof. In case it is a cancellation of old tax declaration, the current tax reciept for real property tax shall be presented or a xerox copy.

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About burauenassessor

Local government unit centrally located in the Province of Leyte, Philippines
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16 Responses to Registration of CLOA Title

  1. how to transfer from CLOA to a clear CTC?

    • Dear Jojit,

      First of all, thank you for log-in in our website.

      Your inquiry about how to transfer from CLOA to a clear CTC? May be it is TCT (Transfer Certificate of Title). To answer that, you must first abide the condition set by the CLOA Title which state that “that it shall not be sold, transferred or conveyed except through hereditary succession, or to the Government, or to the Land Bank of the Philippines, or to the other qualified beneficiaries for a period of ten (10) years.” You must wait first the completion on the prohibition period of ten (10) years before you can transfer the title.

      Secondly, you must submit the following documents to ROD (Registry of Deeds), as for in case of Deed of Absolute Sale document;
      1. Deed of Sale duly notarized and stamp paid from the BIR;
      2. Copy of the Original Owner’ Copy of title;
      3. As for in case of portion only of the lot, blue print of Subdivision Plan duly approved from Land Management Service (LMS-DENR);
      4. Certificate Authorizing Registration (CAR) issued by BIR, this is in payment for Capital Gain Tax and Documentary Stamp Tax;
      5. Tax Clearance Certificate from Local Treasurer Office, this is in relation to payment of real property taxes;
      6. Official Receipt on the payment of Transfer Fee;
      7. A copy of certified true copy of tax declaration.

      Thank you very much,
      Burauen Assessor

  2. chinita1979 says:

    Hi Sir,

    Good day to you.

    I’m planning to buy a CLOA titled agricultural land from my Aunt. She never paid anything to Land Bank nor process the TCT after it was awarded to her in 1996. Would there be a problem if she will transfer the rights to me and I will be the one to process the TCT? Is there a grace period set by DAR to obtain a TCT otherwise the land will be forfeited? Can I get a Certified True Copy of Ownership directly from Registry of Deeds because some farmers kept the original copies and are not willing to share them with us?

    My grandmother also owned a CLOA title and paid her obligations to Land Bank. The agent who is processing the TCT since 2008 is asking her to prepare around Php500,000.00. Is this legitimate and reasonable amount to complete the whole process of obtaining a TCT?

    Thank you Sir for your help and God bless you more.

    • Chinita,

      Thanks for visiting our website.
      Your inquiry is about acquiring a property with CLOA Title. Yes, your Aunt may transfer the rights to you. You will need for prepare a Deed of Conveyance (either Deed of Donation or a simple DOS) and of course you’ll also to pay to the LBP. Under CLOA title there is a prohibited period of 10 years that the property shall not be sold, but since it was awarded in 1996 it is already elapsed. Yes you can request a certified true copy (CTC) of the title at ROD. Just present the Lot No. of the property and the CLOA Title No. to them.

      The cost of 500T is too much and I believe this is not a legitimate. Seek or ask first to govt. offices like the BIR for the payment of Capital Gain Tax (if Sale), or Donor Tax (if Donation),etc.., at the ROD for registration fees and the Assessor’s Office for Real Property Taxes.
      If you have time, you can process it personally so can be able to know the actual cost for the processing of all the documents.

      Engr. R. Mandreza
      Burauen Assessor

      • chinita1979 says:

        Thank you Sir for your reply. I was told that this cloa property has lis pendens. Will it affect the processing of title? Please advise.

      • Yes, it will definitely affect the titling process. LIS PENDENS (Sec.76 of PD-1529) is a memorandum or notices stating the institution of court action or proceeding in court together with the Writ of Execution thereof and the Certificate of Title number of the affected land shall be filed and registered at the ROD. So, there must an annotation in the Title, it should be cleared first before you can proceed the processing of your documents.Verify at the court on what is the pending case of the Title.

        Engr. Mandreza
        Burauen Assessor

  3. I bought land which is CLOA title and I have an Absolute Deed of Sale and the original title in the original owners name. The problem is the previous owner says she acquired another title from the (ROD) . I have spent millions of pesos building a house and garage, also planting coconuts and soon sugar cane on the property. I have not seen the title she speaks of, but I feel threatened by what she says. Does she have a legal right to do this AFTER she already sold the land me. (I bought over 4 years ago) By the way I have processed all of the requirements listed above.
    Yours sincerely,
    Michelle Russack

    • Thanks for visiting our website.
      Since you have already the DOS and Titles, to eliminate your worries better check or verify the other title (previous owner) at ROD. You can check that documents by presenting the the LOT NO. of your CLOA title. If the previous owner saying that he/she has another title, may be it is already CANCELLED. You must verify also at the Assessor’s Office if there is an existing tax declaration of the CLOA title and also to the previous owner.
      It is advisable to process all your documents so that the ROD shall issue now your new title in your name (Transfer Certificate of Title).

      Burauen Assessor
      Engr. Mandreza

  4. Our local DAR/PARO told me when I was trying to process the CLOA land titles into my name that I could not do this because the titles are under the Agrarian Reform and cannot be sold. But on the titles it says that it cannot be sold “before ten years”. In my case the Original Owner had the land for about 16 years before he sold it to us. Title is dated 1993.
    I processed all the papers such as Tax declaration (I paid the back taxes the original owner did not pay-although he signed in front of my lawyer when I bought the land that there were no encumbrances), Capital gains tax return, Declaration of real property and also a certification from the Office of the Municipal Assessor, as well as the Office of the Provincial Assessor that declares the original owner whom we bought the land from was in fact the genuine owner. Also from the Office of the City Assessor, upon my request I have a certification for the purpose of securing ESTATE TAX CLEARANCE from the BIR. This also states that the original owner never declared that land for tax purposes. I paid the necessary fees so things would be in order. I am now abroad and have all original documents with me.
    Is there any more documents that I would need to be able to apply for a title into my name from ROD? Also what sort of title is it called then? (i.e. I want a CLEAR TORRENS title)
    Yours faithfully,
    Michelle Russack

    • If have already completed all the documentations from the Assessor’s Office, Tax Clearances from BIR, and also the important DAR Clearance (if Agricultural), submit all your documents to ROD for registration of your Deed of Conveyance (DOS) and for titling of your new Transfer Certificate of Title (TCT). I dont understand the advice from DAR that you could not process your papers, the prohibition period has already been lapsed. Ask them for the legal basis on why they cannot process or seek a lawyer for this purpose.

      Engr. Mandreza
      Burauen Assessor

  5. Just want to seek your assistance po regarding land ownership of tenants like my father.
    Nakikisaka or nakikisama po ang aking tatay. Pangalan po nya ang gamit nya sa mga ticket sa truck sa pag papatubo. Ang lupang sinasaka po ng aking tatay ay sa batangas kung saan tubo po ang pangunahing sinasaka. Ang lolo ko po, ama ng tatay ko ay meron din po sinasaka. Un nga lang po mas malaki ung sukat ng lupa ng tatay ko. Tulad ng tatay, nakpangalan sa lolo ko ang bawat transakyon sa amo namin (may ari ng lupa). 5 po ang magkakapatid ang mga tatay ko. Padalawa po sa panganay ang tatay. Ung panganay kong tito ay may sariling trabaho at ung 2 kong titia ay ganun din po. Mula po ng mamatay ang lolo ko, sa tita ko pong bunso ipinangalan ung lupang sinasaka ng lolo ko. Sa madaling salita, pangalan na ng tita ko ang ginagamit nya, Ngayon po, napagdesisyonan po ng amo namin na sukatin na po ang lupang sinasaka ng tatay at ng tiya ko at ibibgay na po sa amin ang ikatlo.
    Ano po ba ang tamang hatian? Kxe po pinagtutulung tulungan po kmi ng tito at 2 kong tita. Meron daw po silang kasulatan na nagpapatunay na ang lupang sinasaka ng tatay ko ay nkapangalan sa lolo namin kung kayat dapat daw po na pagsamahin ang lupang sinasaka ng lolo at tatay ko and then hatiin daw po sa limang magkakapatid.. ung isa ko pong tita na nasa abroad ay ndi nkikihati at ndi naman daw po sya nagpakahirap magtrabahao sa lupa. Mulat sapol po ay ang tatay ko at lolo ko lang po ang nagtrabaho and the later on ung tita ko po after mamatay ang lolo namin.
    Sa totoo lang po, wala naman po silang kasulatan na nagpapatibay. Hindi po ba ang may karapatan na magdesisyon ay ang may ari ng lupa kung kanino nya ibibigay ang hatian ta discretion na lang ng tatay at tita ko kung hahatian ung ibang kapatid sa makukuha nilang lupa? Pakiramdam po kxe namin ggawan po nila ng paraan na mahati sa lima. pag nagkataon po, nakinabang po sila pero ndi naman po sila nagtrabaho ng literal sa lupa.
    Sna po ay matulungan nyo kmi na mabigyan ng magandang payo. Itatanong ko na din po kung kanino kmi ppde lumapit. Meron na po kme nakuhang abogado. Natatakot po kxe kmi na baka gamitan nila ng lagay ung ibang opisyal ng DAR para pumanig sknila.
    Maraming Salamat po.
    Best regards,

    • Reah,

      Sorry for the late reply. With regards sa problema mo, sa ownership sa lupang sinasaka ng Lolo mo kung ibibigay na ito ng may-ari ng lupa (amo) nya (1/3 portion) it should be divided into five (5) silang mga anak ng Lolo mo. Kasi we have to follow our law, or else magiging malaking problema ito sa pamilya nyo. Pero kung in case ang may ari ng lupa ibinigay ito sa tatay mo in his name, wala ng share ang mga tito at tita mo.
      Tama pong maghanap ka nang magaling na abogado, yong lawyer na bihasa sa mga legal issue about sa lupa specially related to the agrarian reform cases. And see to it na hindi sya bias to the other party (sa mga tito at tita mo.).

      Good luck and God Bless.

      Engr. Mandreza
      Burauen Assessor

  6. Dear Sir,

    Been searching for information regarding CLOA and your blog is the answer to my questions.
    I am planning to buy a farm lot under Right but with CLOA although I am a bit doubtful about its legalities and the future problem I may encounter regarding DAR. However, based on your replies for the previous posts, it seems fine to buy CLOA from the person who has been awarded. I also realized that it is fine to process the TCT if 10 years has lapsed already.

    What are the things that I have to secure first from the owner (person awarded) to make sure that the documents I need are complete.

    Thank you so much. Your reply will truly enlighten me.

    Best regards,
    Edz

    • Dear Edz,
      Sorry for the late reply, we are having internet problem right here in Leyte. Anyway for your inquiries,
      first ask from the lot owner a photo copy of the CLOA Title then verify it personally at the ROD for authenticity of the title. Verify also at the Assessor Office if the CLOA has already current tax declaration in the name of the owner. Ask also the from the Treasury Office if the real property tax are paid for the current year. And lastly, has an ocular inspection of the property if it has a tenant or improvements or verify the actual condition or boundaries of the lot. If every thing is okay, contact a lawyer to prepare for the Deed of Absolute Sale. Don’t forget from the owner to get all the documents that is related to the property that you are to going to buy especially the original copies.

      Thank you.

      Engr. Mandreza
      Burauen Assessor

  7. noybem says:

    Hello Sir,

    Magandang umaga!

    Ako po ay nagpapasalamat dahil natagpuan ko ang blog na ito.

    Sir, hingi sana ako ng payo nyo tungkol sa lupa ng father ko na naka-VOS at na approved sa taong 2002 at ang CLOA ay naka pangalan sa Uncle ko. Ang agreement (verbal only) ng father at uncle ko ay tatayo sya as DUMMY dahil ng panahon na iyon hindi pa ako sa legal na edad.

    Sa ngayon sobra na sa sampung taong ang nakalipas at gusto ng father ko na ma transfer sa name ko, pero dini-deny na ng uncle ko na DUMMY sya at gustong angkinin ang lupa. Sa kasalukuyan hindi na kami pwedeng gumalaw sa lupa dahil siya na daw ang nag mamay-ari. Masakit ito para sa father ko at sa aming mga magkakapatid lalo na’t wala kaming proof na DUMMY ang uncle ko dahil ito ay verbal agreement only.

    Ito po ang aking mga katanungan:
    1. Bilang isang orihinal na nag mamay-ari ng lupa, may karapatan pa ba ang father ko sa
    lupa kahit na ito ay already approved/awarded sa uncle ko?
    2. May paraan pa ba na pwede naming gawin para ma restore namin ang lupa?
    3. Pwede bang mag file for withdrawal ng VOS?

    Maraming salamat po!

    Lubos na Gumagalang,
    Noybem

    • Dear Noybem,

      Good day. Medyo complicated ang problem nyo sa lupa. Since awarded na ito sa uncle mo medyo mahihirapan na po kayong makuha ang lupang ito sa uncle mo. Unless may consensya ang uncle mo na they have a “gentlemen agreement” between ng father mo. What you would do is try to visit your local DAR office to verify who is the actual beneficiary of that land. If it is your father who is the actual beneficiary, you can now file for cancellation of title to the DARAB (Dept. of Agrarian Reform Adjudication Board). Also, consult a lawyer about your situation for legal advice.

      Engr. Mandreza
      Burauen, Leyte

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