APPRAISAL OF LAND DECLARED FOR THE FIRST TIME
A. For Untitled Property:
1. A survey plan prepared bya duly licensed Geodetic Engineer duly approved by the Land Management Service (LMS) of the Department of Environment and Natural Resources (DENR);
2. A certification from the Community and Natural Resources Office (CENRO), stating among others, that the land is within the alienable and disposable area;
3. An affidavit of ownership and/or Sworn Statement declaring the Market Value of Real Property filed by the owner/administrator; Affidavit that the applicant is in long, continuous and notorious possession of the property;
4. A certification from the Brgy. Chairman that the declarant is the present possessor and occupant of the land and certification of the adjoining owners duly sworn to by the Brgy. Chairman and/or the Municipal Mayor;
5. An occular inspection/investigation report by the Assessor or his duly authorized representative;
In cases of newly discovered lands wherein the possessor/occupant whose rights can not be established, the forgoing requirements under (1) to (5) hereof, shall likewise apply;
In case of land of the public domain occupied and possessed by National Cultural Communities prior to July 4, 1955, a certification from National Commission for Indigenous Peoples (NCIP) shall be submitted.
In case of an untitled property being claimed by two or more persons whether natural or juridical a tax declaration shall be issued for each claimants.
B. For Titled Property:
1. A certified true copy of Free Patent, Homestead or Miscellaneous Sales Application must be submitted;
2. Approved Survey Plan from Land Management Service of Department of Environment and Natural Resources (DENR);
3. A certified of title issued by the Registar of Deeds, certifying among others, that the original copy of which is intact and existing in the registry;
4. A Sworn Statement of true Market Value of the property filed by the Owner/Tax Declarant; and
5. Official reciept of payment of taxes paid for 10 years under Sec. 222 of RA-7160.
Hello Sir, Madame,
I bought land in the province of Marinduque but we couldn’t access to get the land title because DAR in Marinduque issued a CLOA title to the person who live in America. And the real owner even didn’t know about it. The CLOA title was been issued since 1996, ever since this land is never been improved. Also this place is not an Agricultural land but it is more residential area. the land is in the beach side. The land owner asked to cancel the CLOA title but they doesn’t done it yet. What should the owner could do to cancel this CLOA title which is normally DAR has no right to give this title to the person who live in America, let say American citizen? As far as I know it happens to many people in Marinduque. That means the people work in the DAR of Marinduque doesn’t really understand of what they are doing, and maybe they are lack of information about this CLOA title. It should be correct before they make a lot of mistakes and trouble in Marinduque. And should put the right person to do this work.
Thanks and more power to you. Hoping to get an answer from you very soon.
Respectfully yours,
Ninia
Respect
By: Ninia on August 1, 2008
at 10:04 am
Greetings and good day. Thank you very much for visiting our blogsite.
CLOA is under the RA-6657 otherwise known as the Compreshensive Agrarian Reform Program of the Dept. of Agrarian Reform (DAR). The
primary purpose of this program is to promote social justice and industrialization of our Agricultural Sector; to utilize the land productively.
Land with CLOA title, under that same law has a condition that it shall not be sold, transferred or conveyed except through hereditary sucession for a period of 10 years, and therefore, your Deed of Sale is useless. Also, non-Filipino citizen are not qualified to owned real property specifically land under our Constitution.
In reply to your inquiry about the cancellation of CLOA, the following options should be initiated;
1. Apply for Petition for Cancellation of CLOA to your PARO (Prov’l. Agrarian Reform Office). An invistigation shall be conducted by their office to verify the present actual owner/occupant of that land and a subsequent documentations shall be perform to issue another CLOA title based on the legal documents. Of course, legal documents such as Deed of Sale or other conveyances, tax declaration should be presented as proof of ownership; or
2. You can apply for Exclusion of CLOA to the same office, for consideration that the mentioned land is not anymore agricultural land. Based on actual condition the land is settlement area (residential) already. But prior this, verify first from your local MPDO (Mun. Planning and Development Office) for the local zoning ordinance. If it will appear as agricultural, you must request first to the local Sanguniang Bayan for RE-CLASSIFICATION of real property into residential class. If your property is already re-classified as residential, then it is not anymore covered by the agrarian reform. You can now apply for titling at Reg. of Deeds (ROD), either through Free Patent or Misc. Sale Patent/Judicial Titling.
Hope that this suffice your inquiry and if you have any other clarifications about real property taxation, just log-in to this weblog site. Try to visit also our LGU website at http://web.evis.net.ph/lgu/burauen.
Thank you.
Engr. Raquelito S. Mandreza
Municipal Assessor
By: burauenassessor on August 6, 2008
at 8:43 am