Appraisal

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.

  

19 Responses to Appraisal

  1. Ninia says:

    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

  2. burauenassessor says:

    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

  3. Hi Sir/Ma’am
    My family bought a land in the province of Cavite to my auntie’s husband who owned CLOA title. It is a 1988 CLOA title and was transferred in his brothers name. I just find out that it is a CLOA title now and im confused, I am not familiar and dont know what to do bout that..,I heard it cant be sold?We bought a portion of 100sq meters to one of the Cloa titles they own last 2006 to aunt but we never settle the land title making yet of the said portion until now because the CLOA title was pawned to other person.We made a Deed of Sale before but the CLOA title that aunt gave is different to where our house built.So now i am asking again for the real title of this land.She told me that she will try to find where it was pawned and try if they can pay for release.Now we are not in good terms with aunt and her family.Sir I want to have a Deed of Sale of this land because of our house and we want to have our own title for this portion ..If the title will be in their hand again,can we make our own title for it?,what are the requirements needed and what will i do?And if it cannot release to aunt,where can I get a copy of that CLOA title so i can make a Deed of Sale for our paid land? Can we make a deed of sale for just a copy of CLOA title?Can you please give me an advice for the best thing to do so if ever the land will elit or sold to others,we still have the right for this land.
    Thank you so much and I hope to receive an answer from you.
    God bless.

    Respectfully yours,
    Aiyie

    • Madam Aiyie,

      Certificate of Land Ownership Award or CLOA is a land titling program under the Department of Agrarian Reform (DAR). The issuance of titles is in pursuant to RA-6657 otherwise known as “Comprehensive Agrarian Reform Law of 1988” where-in its primary objective is to promote social justice and industrialization and/or to use the land productively. Under the CLOA title it has a condition 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.

      Your inquiry about to have a Deed of Sale (DOS) and have own title of the portion of that land, yes, you can prepare a Deed of Sale provided that it is in conformance to the condition set by the CLOA especially the ten (10) years prohibition period. In preparation of Deed of Sale, you must seek first a copy of CLOA Title and tax declaration of that property. You can get a certified true copy of title from Registry of Deeds (ROD), while the tax declaration at the Assessor’s Office. In the copy of title, verify if it is has annotation of mortgage, because you mentioned that the CLOA title has been pawn to other person. Under the law all mortgages in relation to real property must be registered and annotated at the face of the title (Sec.60 of PD-1529) at the Registry of Deeds (ROD).

      On the requirements for titling, the ROD requires to submit the following documents; 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. It is very important to have a copy of the title (original owner’s copy), because without this documents, the ROD cannot issue you a TCT (Transfer Certificate of Title).

      One more thing, your document (DOS) must be registered at Registry of Deeds (ROD) even without the title. By registration your purchased property shall be listed in the Book of Registry at the ROD and it signify that the document is already known to the whole world. If just in case that the whole parcel (including your portion – 100 sq.m.) has been sold to other person, yes, you still have the right for that property, however you will need to go to court if that buyer denied that you bought a portion from the previous owner.

      Lastly, if you have already completed at ROD, you still have one obligation to comply. This is the transfer of tax declaration at the Assessor’s Office, this a mandatory requirement under Sec. 203 of RA-7160 (Duty of Person Acquiring Real Property or Making Improvement thereon) which states that “It shall also be the duty of any person, or his authorized representative, acquiring at any time real property in any municipality or city or making any improvement on real property, to prepare, or cause to prepare, and file with the provincial, city or municipal assessor, a sworn statement declaring the true value of subject property, within sixty (60) days after acquisition of such property or upon completion or occupancy of the improvement, which ever comes earlier.”

      Hope that with this information you can facilitate already your property absolute ownership.

      Truly yours,
      Burauen Assessor

  4. Dear sir / madam;

    Our family owns a parcel of land in Batangas, this is inherited from our grandparents. Through CLOA it was registered under my cousin’s name in year 1994.  And in year 2000 we manage to process and aquire the Transfer Certificate of Title. We continue to cultivate and develop the land upto these days. 

    And as part of developing place in Batangas a huge developement company came in and started to acquire properties for thier huge project. Most of our neigboring land was sold to this company. Now that the project was completed they are claiming that the Transfer Certificate of Title that we acquire in 2000 was cancelled because the mother title is now under the company’s name. They offering to buy our land for the price that we cannot live with. What is the best thing that we can do to verify all of this? Please advice the best action we need to do.

    We are looking forward to your response.

    Sincerely yours,

    Ramjon

    • Dear Ramjon,

      First of all thank you for visiting our website.

      With regards to your problem, I believe that you have the definite ownership of the land because you have the TCT (Transfer Certificate of Title).

      I suggest that you should do the following to clear your mind;

      1. Verify at the Registry of Deeds (ROD) if the title is indeed cancelled as claimed by that company. Only the ROD office can cancelled such land titles, and all cancellation of titles has the necessary transferring documents such as, Deed of Conveyance, Certificate Authorizing Registration (CAR) from BIR, Transfer Fee, Tax Clearance Certificate.

      One more thing, the mother title which is an OCT (Original Certificate of Title) was already cancelled in 2000, therefore the present active title is TCT which is transferred already to your cousin. Just in case, your property is already cancelled to that company as they claimed, ask or request from ROD all the transferring/attachment documents so that you would know who executed the Deed of Sale and other circumstances of that transaction, and prepare for possible court litigation if necessary; and

      2. Verify at the Assessor’s Office if the Tax Declaration of your property is transferred or cancelled also to that company. Ask also your Assessor on the documentary requirements for transferring of tax declaration, so that you would know the processes involve.

      Truly yours,

      Burauen Assessor
      Leyte

  5. Dear Sir/Madam:

    I want to file a petition for the cancellation of CLOA, but i do not know the documentary requirements for its filing. Can you please help me on this matter.

    Hoping for your kind consideration of this request. Thank you and more power.

    • Certificate of Land Ownership Award or CLOA is a certificate of title (OCT or TCT) issued by the Department of Agrarian Reform (DAR) in pursuant of RA-6657 otherwise known as the Comprehensive Agrarian Reform Program (CARP).

      Petition for nullification or cancellation of title shall be submitted to the DARPO (Dept. of Agrarian Reform Provincial Office) through the office of the Dept. of Agrarian Reform Adjudication Board (DARAB). You would need a legal counsel who shall prepare the petition documents. As a matter documentation, the following shall be needed; a. Certified true copy of title (CLOA); b. Approved survey plan of the lot; c. Other documents (proof of ownership) that shall justify your claim for nullification/cancellation of CLOA such as old tax declarations; if double issuance of title – the old title (OCT),etc.

      Burauen Assessor
      Leyte

  6. tanong lang po if magawa bang e transfer ng assessor kahit may pending case sa DENR? anong kilangan para ma etransfer na sa pangalan namin ung lupa?

    • Good day Smileyprincess, thanks for visiting our website.
      In answer to your inquiry, dalawa po ang klasing ng “TRANSFER”; may transfer sa TITLE ng lupa na pina-process po ito sa Registry of Deeds. Meron naman po Transfer sa Tax Declaration na pina-process ito naman sa Assessor Office.Hindi masdayong clear ang katanongan mo, pero anyway I believe na transfer ito ng Title ng lupa dahil you mentioned about the DENR. Of course hindi pueding matransfer ang isang Title na meron pang pending case. They have to wait the finality of the decision sa DENR. In transferring of the Titles you have to seek first all the clearances at the Assessor’s Office dapat bayad na po ang mga taxes. Then you shall to go BIR for the payment of BIR taxes e.g. capital gain tax, documentary stamp tax, donor’s tax (if donated), estate tax (if inherited). Once you issued already the Certificate Authorizing Registration from the BIR, you shall now proceed to Registry of Deeds (ROD) for registration of your deed of conveyance document and transfer of titles. After ma clear ka sa ROD, pupunta ka naman sa Assessor’s Office para din matransfer ang tax declaration sa pangalan mo.
      By the way, ang Assessor po ay hindi nagtra-trasfer ng Titles, it is the property owner who shall do the work in order to transfer his/her real property.

  7. jaykeanthony says:

    Hi Sir,

    My mother was born & raised in Palo, Leyte but I as his son is planning to buy a lot located in San Nicolas, Sta. Ana, Pampanga. May I seek advise for the following:

    1. Is there a possibility that I can buy a lot which is an agricultural land and awarded by the government under CARP? I am not related by blood or related to the person in which the land has been awarded but the CLOA has been given to him last May 2003.
    2. Would there be a risk if I buy the said lot? According to the owner/seller they will issue Deed of Sale, can I still refund the money using the Deed of Sale or any signed/written documents if I pay them partially. I am about to pay the owner/seller the partial amount of money, what are those legal documents that I could ask him to provide so I can still claim from him the money in case the lot will have a problem.
    3. Can they transfer the title to my name, what are the required documents, to whom or to where we shall submit the documents, what needs to be paid by the seller and buyer and how long it will take to process the transfer of title.
    4. In case I am not in-country, can my brother sign the documents even though the title should be under my name?

    Thanks,
    Jayke Anthony Villas Bolante

    • Hi..Jayke,

      Thank you very much for visiting our website.

      Your inquiry is all about the CLOA or the Certificate of Land Ownership Award. This land title is issued by the Department of Agrarian Reform (DAR) under RA-6657 otherwise known as “The Comprehensive Agrarian Reform Program” (CARP).

      In answers to your inquiry;
      For No.1: Yes. You can acquire a property through sale even though it is with a CLOA Title. The prohibition indicated on the CLOA Title is within 10 years the property “shall not be sold, transferred or conveyed except through hereditary succession, x x x or to the qualified beneficiaries.” Since the date of the issuance of CLOA is May 2003, therefore it has been elapsed already the prohibited period.

      For No. 2: Of course there are always risk in buying a real property, but to avoid such thing you should be careful especially on the documents that to be given to you prior to preparation of Deed of Sale. You must also visit the site (lot), ask the lot boundary owners the current situation of the lot being sold to you. Since you prefer to pay partially to the land owner, a “Contract of Sale” shall be prepare and upon full payment of the amount agreed a “Deed of Absolute Sale” is now to be prepared.

      Before you prepare the “Contract to Sale”, ask first from the land owner the CLOA Title, Tax Declaration, Receipt of payment of Real Property taxes, Survey Plan/Subdivision Plan (if any), and other old records of the property. Then you should verify the authenticity of all the documents; for CLOA Title verify at The Registry of Deeds, ask for certified true copy; for the Tax Declaration, go to the Assessor’s Office get a certified copy also and verify the tax declarant name; verify also at the Treasury Office if payment of taxes is being paid annually.

      For No. 3: Yes, you can transfer the Titles in your name as long as you satisfied all the documentary requirements. By the way, there are two (2) kinds of “Transfer Transaction”, the first is the “Transfer of Titles” this is being process at the Registry of Deeds (ROD); then the second is upon completion at the ROD, it is mandatory to proceed to the Assessor’s Office for the “Transfer of Tax Declaration”.

      FOR THE TRANSFER OF TITLE:
      Step 1: Proceed to the Treasury Office, pay the real property taxes up to the current year and request for Tax Clearance Certificate. Pay also the Transfer Fee.

      Step 2: Proceed to the Assessor’s Office request for certified true copy of tax declaration and certificate of no improvement (of the property being sold);

      Step 3: Proceed to Bureau of Internal Revenue (BIR) for the payment Capital Gain Tax (CGT), Documentary Stamp Tax (DST). Upon completion at this office, you shall be given a document called CAR (Certificate Authorizing Registration), this CAR is one of the requirement at the ROD. The payment of CGT is burnt to the Seller because he/she is the one who gained of such transaction and therefore liable to pay the taxes, however, most of time it is the buyer who always pay the CGT after negotiation.

      Step 4: At The Registry of Deeds (ROD), submit all the documents (must be in original); the CLOA Title, Deed of Absolute Sale, CAR and its Official Receipts, Tax Clearance Certificate, OR of Transfer Fee, and other required documents by the ROD and pay the registration fee. Since the property is classified as agricultural land, you will need a DAR Clearance Certificate, and request from your local Agrarian Reform Officer of such certificate.

      FOR TRANSFER OF TAX DECLARATION:
      Please refer to my Web Page Post under FAQ under Item No.2 – Documentary requirements in the Real Property Ownership in the Tax Declaration.

      For No. 4: If you are out of the country, you can issue an SPA (Special Power of Attorney) authorizing your brother to sign all the documents in behalf of you. Contact a lawyer for this.

      • may cloa title ako naglapse na yung ten years pwd ko ba ibenta ang lupa?kailangan pa yung signature ng wife ko? hiwalay na kmi mga 10yrs na kaso lang hindi kami annul or my legal sepration na papeles…yung lupa sa tatay ko galing tapos pina transfer sa deed of voluntary transfer…mula sa father ko transfer sa akin…kailangan pa ba yung signature ng wife ko?

      • Hi..Orestes Poral,
        Thank you for visiting our website. Your inquiry is about the CLOA Title na puede ba ibenta ang lupa under CLOA Title? Yes, puede na yun ma-ibenta dahil nag lapsed na ng 10 years sa prohibited period. With regards to your wife signature, kung ang nakalagay sa title na ang pangalan mo na may “married to” (your wife), definitely dapat may consent sa wife mo, so you need her signature. Pero kung ikaw lang, wala na.

  8. dear sir/madam:
    yun nga yung problema ko kasi ayaw mag pirma ng wife ko…ano ba yung mabuti kong gawin…salamat po…

    • Hi..Orestes. Sorry for the late reply.
      Lumalabas na ang property nyo ay conjugal property nyo ng wife mo. So, it means
      na meron syang ownership dya. Pero, i think you can sale the one-half of that property,
      pero ang the other half ay hindi puede. Better consult nalang ng lawyer so you can be able to know the
      specific legality sa property mo.

      RSM

  9. Good Morning po! May lote po kc kami na under Cloa title… nasa name po ito ng parents ko, paano po ito matatransfer sa TCT title? Ano mga kailangan documents at ano po ste by step na dapat gawin. Salamat po

    • Abegail,

      Thank you po for visiting our website.
      Your inquiry is about transfer of ownership of real property or from CLOA title to TCT (Transfer Certificate of Title). Ang una mong gagawin ay dapat meron kang Deed of Conveyance (legal document), since nasa parent mo ang CLOA title dapat meron kang “Deed of Donation” from your parents. Secondly you have to pay the real property taxes sa local treasurer ninyo and you have to get a “tax clearance certificate”. Kailangan kumuha ka certified true copies of tax declaration sa assessor office. You have to pay also the “transfer fee” sa local treasurer ninyo. Then after that you should go to the BIR for payment of donor’s tax, then cleared ka na sa BIR bibigyan ka nila ng Certificate Authorizing Registration o CAR. After sa BIR, you can proceed now to the Registry of Deeds for registration of your Deed of Donation document at saka you can transfer na the title (TCT) to your name.Since this is a CLOA title it means na agricultural po itong lupa, you’ll need a DAR Clearance Certificate na isa sa mga requirement ng ROD, and also the original CLOA title should be turn-over to ROD for annotation for cancellation of title.

      Thank you po.

      Engr. Mandreza
      Burauen Assessor

  10. paano po pala kung itatransfer sa name ko yon CLOA property naka pangalan sa name ng parents ko, itatransfer sa TCT title?

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