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.
Welcome to the Official Website of Burauen Municipal Assessor 
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
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
good day po Ms. Raquel,
Hingi lang po sana ako ng advises ng mga dapat pong gawin, may binebenta pong lupa sa akin yung 2nd cousin ko pampagamot po sa tito ko( owner ng lupa) under CLOA po yung lupa paano po maitratransfer sa name ko? ano po yung step by step procedures and requirements po if ever bibilhin ko po? sino po yung gagawa ng deed of sale?
Thank you.
Dear Nadreville,
Thanks sa pag visit mo sa aming website. Ang unang gagawin mo ay magpagawa ng DOS. Ang gagawa nito ay ang isang lawyer. But before ka magpagawa, you need first ng documents na hihingin mo sa seller: ang original title, tax declation, OR sa payment ng real property tax. In order para ma transfer sa iyo ang property, babayaran mo muna ang real property tax, you have to pay also sa transfer fee. Then pupunta ka sa BIR to pay naman sa capital gain tax at documentary stamp tax. Once ma clear ka na sa BIR, they will issue na ng Certificate Authorizing Registration-CAR. And then pupunta ka na sa ROD for registration sa DOS and the transfer of title into your name. But prior to that, kung agricultural ang property you have to get ng DAR Clearance.
BurauenAssessor
Good day po. Please clarify po.
“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)…”
Question:
Pano po kung may TCT na yung property na CLOA at more than 20 years na pong na-award, pwede pa po bang ipa-reclassify ito sa Sangguniang Bayan as residential? Residential area po sa kasalukuyan yung location po ng property.
Follow-up question:
Kung pwede pa rin po itong ipa-reclassify sa SB as residential, after po ba itong ma-reclassify, kailangan pa rin po ba kumuha ng DAR Clearance pag ipapa-transfer po ito sa buyer?
Thanks po!
Dear Hacienderaako,
Thanks again sa pag visit mo sa aming website. As previously discussed sa unang mong inquiry, agricultural land can be re-classified even matagal na ito. Ang prohibition lang ng DAR titled issued sa 10 years na hindi puede ito ma transfer within the prohibition period. So, ang process nito ay ma una muna sa DAR sa kanilang Land Coversion, then susunod na sa SB for re-classification. Kung ito ngayon ay residential na ang actual use, pero sa tax declaration still agricultural, you need to re-classify it.
Kung ang isang real property ay na re-classified na into residential, ito ay hindi na covered ng DAR or hindi na ito kailangan ng DAR Clearance. Ang covered lang ng DAR ay ang mga agricultural land.
BurauenAssessor
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
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
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
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.
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.
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
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
paano po pala kung itatransfer sa name ko yon CLOA property naka pangalan sa name ng parents ko, itatransfer sa TCT title?
gud day sir;
my aunt bought a absolute parcel of land in our province from misamis occidental,, my aunt sold it also to me at the same amount she bought it before,,,after securing deed of sale I have with me the original CLO(TCT) 271 from the original owner,,,i want the title to be transferred under my name,,,what should I do sir? thank you and godbless
the original CLO TCT of the land was given last December 19,2005 my aunt bought it last march 27,2007 and I bought it from her last april 16,2014.
Dear Tristan,
Good Day and thank you for visiting our website. Your concern is how to process your nabiling property. If you read carefully on the front page of the CLOA Title, there are provision on the prohibition sa pag transfer of the title. It indicates that you cannot transfer that within the 10 years period. Since nabili mo yan last 2007 lang medyo maghihintay ka na umabot nang 10 years. For the meantime, you have the right already for the possession of the property, and don’t forget to pay the annual payment of realty taxes.
Burauen Assessor
Sir thank you for the reply,,, e cla clarify ko lang po the land was bought by my aunt from the original owner last march 2007,,,I bought it from my aunt just this year lang po 2014,,,how long would I wait po to process the title?….sir saan ko po babayaran yung annual payment is it possible to any BIR office?,,,salamat po
Dear Tristan,
Sorry for the late reply, we’re having problem dito sa internet just after Yolanda. If the prohibition period in the CLOA has already been elapsed puede ka nang mag process sa mga dokumento mo. Pumunta ka sa Assessor/Treasury Office and get necessary documents, eg. payment of taxes, CTC of Tax Declaration, Cert. of No improvement, Tax Clearance. Then to BIR for the payment of Capital Gain Tax, Doc. Stamp Tax, and CAR. Then submit all the documents to ROD including the original title for registration and issuance of new title (TCT). Kung tapos kana sa ROD, you’ll need again pumunta sa Assessor Office para naman ma-transfer ang tax declaration sa pangalan mo. Ang annual payment ay ito ang Real Property Tax, every year ay nagbabayad tayo ng real property tax sa lupa natin, houses/buildings, at mga machineries. Ito ay binabayaran sa ating local treasurer office (Municipyo/City), hindi sa BIR.
BurauenAssessor
Hi Sir/Ma’am: Meron pong lupa na entitled po sa aming pamilya sa probinsya. However yun pong original title ng lupa ng lola namin ay di pa na-subdivide sa aming mother at mga kapatid. Tanging ang tiyo namin ang naiiwang buhay sa mga tagapagmana at kami pong lahat sa kanyang pangunguna ay magkakatuwang na nais isaayos ito. The thing is, wala po kaming makuhang kopya ng titulo mula sa munisipalidad ng lupang ito dahil nasunog po ang munisipyo nito. Paano at saan po kami maaaring makakuha ng kopya nito upang maisaayos ang pagsasubdivide ng titulo
Dear Momi,
Thank you also for visiting our website. Your problem is wala na kayong copy of the “original duplicate copy” of the title. Dapat nasa inyo ang “duplicate copy” (original) of the title, but the original title ay nasa ROD yon. Since wala na ang kopya nyo, you can get a certified true of the title sa ROD. In order to subdivide the property you’ll need a legal document na Extra-Judicial Partition duly notarized by a lawyer. Then you should hire a license surveyor to do the subdivision work. Just in case if you want to transfer the title to you, kailangan mo nang “original duplicate copy”, since wala na, kailangan mong magfile nang reconstitution of title sa RTC. You should hire a lawyer to do this, medyo may gastusin dito. Without sa duplicate copy of the title you cannot transfer the title to you.
Burauen Assessor
magandang araw po
may tanong lang po kami. ang aming magulang ay isa sa coowner ng cloa inaward po dated 1988 at entered po sa ROD dated 1991 po ang cloa.nalaman lang namin nitong 2018.at agad po kami kumuha ng certified true copy sa ROD at isa nga coowner magulang namin.at pumunta po kami sa DAR tinanong po namin kng ano po status ng cloa.at sa likod p[o ng cloa may nakalagay pong memorandum of encumbrances sa LBP.ang sabi po ng DAR sa amin kya daw hinde pina alam sa amin kasi daw nagkamali daw po sila hinde daw po nabayaran ng gobyerno ang land owner ng lupa.at ang OCT po ay wala na daw po kasi po hinde daw nabayaran ang amortatation sa banko at hinde na daw po kami mka pag file ng affidavet of lost ng cloa at pumunta na raw daw kami sa kamag anak ng land owner pra makiusap na ibigay sa amin yung parte ng lupa ng magulang namin.at ang sabi po ng DAR sa amin may karapatan parin daw po kami sa cloa kasi po 50/50 po daw ang hatian ng DAR at ng beneficiries sa bayaran.at ng malamn po ng kamag anak ng land owner pinagbibinata nla sa tao ang lupa at hulugan daw po. sa kanila may karapatan po ba ang mga kamag anak ng land owner sa lupa kng wala sa titulo /cloa ang name nila kaya po yung mga beneficereis ng cloa ay nagsasama para ayusin nga ano po ba ang aming gagawin at pwde po ba kmi mag file ng recontitution ng titulo ano po ang kailangan.at nais po ng mga may ari mmagpagawang TCT kng ano po yung nakalagay sa CLOA AY GANUN DIN sda TCT maari po ba yun.sa ngayon po ang hawak lang namin ay yug crtfied true copy po.at maari po bang iaward ang lupa kng hinde po nabayaran ng gobyerno ang land owner sa mga beneficierirs.at sana po matulungan po kami sa aming mga tanong kasi po buhat ng iaward ang cloa sa mga bebefeciers ang kamag anak ng land owner ang nalkinabang sa lahat ng ani coprasan na inward.maraming salamat po
Dear Babylyn,
Salamat sa pag bisita mo sa aming website. Ang CLOA title o Certificate of Land Ownership Award ay issuance po ito ng DAR under the CARP Law (RA-6657), since ang mga magulang nyo ay beneficiary nito meron kayong legal right sa lupang yan as mga heirs. Ang beneficiary ng CLOA ay may responsibility na bayaran ang lupang inaward sa LBP so that is why meron pang annotation ng encumbrances sa title mismo. Ang nag babayad sa original owner ng lupa ay ang Land Bank, which is in return ang mga beneficiary naman binayaran sa Land Bank din. Upon full payment ninyo, ang encumbrances sa title ay dapat ma cancel na ito. Kung nawala ang original duplicate copy ng CLOA title, you need po mag file ng reconstitution of title. You need to hire ng isang lawyer para mag file ng petition sa proper court. Without sa original duplicate copy ng title ay hindi ka pa po makakapag-transfer ng title sa inyo as TCT. With regards sa pag aayos nyo sa lupang ito kasama na ang ibang co-owners, you should contact ng isang abogado because may mga important legal document na gagawin.
BurauenAssessor
Dear Engr. Mandreza,
I am planning to buy a parcel on land under CLOA, I have done all investigation like , who is the real owner and verified the adjacent land owner and tax declaration payment
My Question:
First , do i need to go to DAR for the clearance
Second , do i need to go to Land Bank , may i know what is the purpose in going to LBP
Thanks, Ulysses
Dear Ulysses,
Thanks for visiting our website. Sorry po sa late reply. For your first question, YES you must go to the DAR Office to get clearance if that property is classified as agricultural land. It is a mandatory requirement of the ROD to get such clearance prior to issuance of title. And the last one, if it is a CLOA title, you must go to also to LBP to verify if the subject property are already fully paid by the land beneficiary. If not, ikaw na ang magbabayad. For those title na TCT (Transfer Certificate of Tile) no need na to go to LBP.
BurauenAssessor
Dear Engr. Mandreza,
Nakakapagbigay linaw talaga ng mga counseling nyo dito sa napaka informative nyong website.
May nag offer sa akin na benebentang lupa sa Guimaras, Iloilo. Under CLOA title po cya, issued June 2009. Dahil sa website nyo, ngayon ko lang nalaman na hindi dapat pala nya ibenta hanggat hindi matapos ang 10years period. Ngayon, gusto nya pa rin makuha ang agreed price namin at ibigay sa akin ang rights sa pagsasaka ng lupa. Paano po naming gawing legal ang aming kasunduan?
Pwede po bang i mortgage nya na lang sa akin ang CLOA land title nya?
Sino ang responsible sa pagbabayad ng buwis after ng mortgage?
Pwede ba maitransfer sa pangalan ko ang Tax Receipt kung ako ang magbabayad ng annual Property Tax?
After June 2019(10yr expiry) tsaka namin ipapatransfer ang titulo dahil ito naman talaga ang unang napagkasunduan namin kung di lang dahil sa 10yrs prohibition period.
Thanks and looking forward.
Best regards,
Samm
Dear Samm,
Salamat sa pag bisita mo sa aming website. Legally ang CLOA title of the property ay hindi pa puede ibenta sa land owner within 10 years. Yan ang naka saad sa mismong title. Puede ring ibenta ito ng owner, the problem is walang lawyer na mag nonotarize sa deed of conveyance at saka very risky on the part of the buyer. Para comfortable ka, ipa-mortgage or prenda lang muna ang lupa nya sa sa iyo. On the condition that after the prohibited period (10 Yrs) ay bibilhin muna ang lupa. Gagawa ka nang document na “Deed of Sale with Right-to-Repurchase” notarized by the lawyer. With regards to payment of real property taxes, kung mortgage or prenda pa lang it is the land owner’s responsibility pag bayad ng buwis. Pero may mga cases in between the mortgagee and mortgagetor na they have an agreement na ang mag babayad lang muna ang mortgagee dahil sila naman ang nakakahuna ng produkto sa lupa.
Kung ikaw ang magbabayad ng buwis, hindi pa sa iyong pangalan ang maiilagay sa reciept, unless mag pa transfer ka ng tax declaration. Pero ma-appear ang panglan mo sa reciept as “payee” only, at yong sa column ng “owner” sa original owner pa rin (kung sino ang owner as per tax declaration).
Kung matapos na ang 10 years, you will prepare na yong “Deed of Absolute Sale” and then process it immediately para na ma-etransfer sa iyo ang title at saka yong tax declaration.
Burauen Assessor
Dear Engr. Mandreza,
Meron po kaming nabiling CLOA property, ang nagbenta po sa amin ay 2nd owner na, hindi yung awardee. Hindi po pinatransfer ng seller namin yung title sa pangalan nya. Patay na po yung registered owner sa CLOA.
Nabigay naman po sa amin yung original CLOA title, then sa Deed of Sale po namin, pumirma din po lahat ng anak ng registered owner sa CLOA.
Ano po ang procedures para mapalipat po ang title sa pangalan ko, more than 10 years na po mula ng ma award ang CLOA sa registered owner.
Salamat po sa maagang pag reply.
Dear Jaime,
Thanks for visiting our website. Dapat you should process na ang mga documents mo sa pag transfer. Medyo may pagkahaba ng kunti ang proceso dahil sa 2nd owner mo na ito nabili at saka patay na ang original owner.The first thing you should do ay bayaran mo muna ang realty taxes sa local treasurer nyo and then request for tax clearance certificate. Secondly, go to the Assessor Office request for certified true copies of tax declarations, certificate of no improvement (if no structures or building na itinayo sa lupang nabili mo), pay also the transfer fee sa local treasury office. Then go to BIR, for the payment of Capital Gain Tax and Documentary Stamp Tax (this is for Sale Transaction). Since patay na ang original owner, you’ll pay also the “Estate Tax”: the BIR requirements for this transaction are Death Certificate of the Land Owner (you can get this at Civil Registrar) and the Land Holding Certificate from Assessor Office. Kung ma clear ka na sa BIR, you’ll be given the “Certificate Authorizing Registration”. After sa BIR, puede ka nang pumunta sa “Registry of Deeds” for registration of your Deed of Absolute Sale and the transfer of title into your name.But prior to this the ROD has an important requirement, since this is a CLOA it means that the property is an agricultural land. They require a DAR Clearance Certificate, you can get this at PARO. At kung meron ka nang “Title” (in your name na), you must go to again to the Assessor’s Office para naman ma transfer ang tax declaration into your name. Be reminded always that you have an obligation to pay your annual real property taxes on time.
Burauen Assessor
Dear Engr. Mandreza,
Good day. I was planning to buy a parcel of land under CLOA title. May concern now is that how can change the classification from agricultural to non-agricultural (residential) since i was planning to use the land as residential. How much does it cost for the change? In the transfer of Title, will it be transferred as TCT not CLOA already in my name since i tried to ask from banks if i can loan to pay for the land but they said that they are not accepting CLOA titles.
Thank you so much.
Dear Romeo,
Thank you for visiting our website. Re-classification of an agricultural land to non-agricultural usage can be done through an ordinance by the Sanggunian concern ( either by municipality or city). Under Sec.20 of RA-7160 (Local Government Code of 1991), there are condition to follow before the re-classification; a.) when the land ceases to be economically feasible and sound for agricultural purposes as determined by the DA; b.) where the land shall have substantially greater economic value for residential, as determined by the Sanggunian concerned. What you have to do is to file for petition at your local sanggunian for re-classification. You must attached the certification from Department of Agriculture ( Municipality/City – Mun./City Agriculture Office), current Tax Declaration, photo copy of title, Map (location of your property), and receipt of your payment of rpt taxes. Actually, there is no payment or filing fee at the Sanggunian office, but you would need some misc. expenses for getting the certification from concern offices, and to produce photocopies of documents. Its very minimal. One more thing, you should go to also the DAR office for the land conversion of your agricultural property to non-agricultural usage. It’s a requirement also especially that the property is under CLOA. Any “original title” either under CLOA or ordinary title can be transferred into TCT ( Transfer Certificate of Title) and all succeeding transfer is called TCT. As in your case, the CLOA title can be transferred to TCT but still under CLOA.
BurauenAssessor
Hello Sir/Ma’am,
My partner and I bought a portion of CLOA land here in north luzon which is 4,000 sqm last year from a person who only bought that piece of land which means he was only holding a deed of sale which was not registered at ROD since he bought it from the original owner and that was ten years ago, the whole thing was organised by my sister, that’s why I sort of fully trusted her. The original CLOA was since 1992. From my understanding it is already matured for sale. However, when we are about to do the survey of our land the mother title owner stopped us and told us he did not sold the land to the person we bought from, it was only pawned to that person, although we have all their notarized deed of sale from ten years ago, then later he was asking money which was the excess of the original price of what the first buyer bought from him. The whole things has became confusing and frustrating. We brought the case to DAR and they are not taking any sides. The DAR lawyer told us to get our private lawyer and bring the case to court since the mother title owner cannot provide any documentation required for him to prove his accusation that their deed of sale from ten years ago was fake, and that at least we are holding all documents for that sale. So my BIGGEST QUESTION is…. Who has the true right to that portion of land that we bought?
Please share your thoughts about all this.
Thank you.
Dear Cheryl,
Thank you for visiting our website. Based on your statement, you are already the second buyer of that property. Since you have all the legal documents, then your are definitely the rightful owner. The problem right now is you cannot posses of that property because the original owner allegedly claimed that he did not sale the property to that person who sold to you. Accordingly, the advice from the DAR lawyer is precisely correct. You have to hire a private lawyer for this situation. But before that, I will suggest that you should have first to register your deed of sale at ROD. In that way, you have a strong evidence during the court litigation.
BurauenAssessor
Dear Engr. Mandreza,
Greeting, wish you are in good health.
I have 6 hectares of land in agusan del sur which is a portion from a 2,000 hectares awarded by the government under CLOA title.This 2,000 hectares was already subdivided and occupied by different owners who claimed a portion of land. Sir, I need your advise,
1. The CLOA mother title which is 2,000 hectares ay hinahawakan ng isang tao, at ayaw nya ibigay sa amin na nag occupied ng lupa. I think we are all 350 persons who occupied the land
2. We are the actual occupant and have planted falcata trees.
3. We occupied the land for more than 10 years
What is the best option to do , so we can subdivide the land under our own name.
Best regards,
Ulysses A. Garcia
Dear Ulysses,
Thank you for visiting our website. There are 350 persons as co-owners of the 2000 hectares land at lumalabas na isa lang ang CLOA title. Since the land is already subdivided, you can request for a petition to the DAR office to have it segregated individually and have it also issue the corresponding CLOA title for all those beneficiaries.
BurauenAssessor
Hello sir,
I would like to seek for your assistance on the CLOA title that I am presently processing for small business loans. The said title being mortgage is aCLOA title. I already refer this to our legal and per to them, the said title can be encumbered provided there was a DAR clearance to mortgage said property. I already mentioned this to our soliciting officer but per their inquiry to the provincial office of DAR, they are not familiar of the said process or on the clearance needed. May we request for your assistance if you are familiar of the said process. Would appreciate if you could provide us a sample copy of said DAR clearance if happen you have it encounter before. Thank you
Dear John,
Thank you once again for visiting our website. I am not familiar with this transaction that the CLOA title being use as collateral for mortgage is being required by DAR clearance. However, it would be better if you can inquire directly to the banking institution if such Clearance is required. If not needed, its much better, however, for purposes of how to get a DAR Clearance, here are the requirements of such clearance (this is for transfer transaction);1.] Written request filed with the MARO having territorial jurisdiction over the subject land; 2.] Letter of Indorsement from the MARO to the PARO;3.]Copy of Deed of Conveyance; 4.] OCT / TCT or Tax Declaration if the land is not covered by a certificate of title; 5.] Affidavit of the transferee that he/she and spouse have a total land holding inclusive of the land to be acquired of not more than 5 hectares; 6.] Affidavit of the transferor stating that the land subject of the Deed is a retention or portion of the retention area; 7.] BARC certification averring therein that the land is tenanted or not; 8.] Provincial Assessor’s certification of landholding for both transferor and transferee; and 9.] Municipal Assessor’s certification of landholding for both transferor and transferee.
I understand that if DAR Clerance is needed in the mortgage of CLOA title, this would be a similar requirements as stated above.
BurauenAssessor
Dear Engr. Mandreza,
I don’t know if this is the proper forum to asked about my inquiries but i think it is somehow connected.
My sister bought a parcel of land from a second buyer and here are some points to note about the said land
1. Since the transaction was done in the province (long time ago.. 1990’s) the first buyer bought a land but no survey was done… a piece of land was just presented to them and apparently this is what they are buying. In the deed of sale though there was a lot number and tax declaration involved.
2. It turned out that the lot number and tax declaration noted in the deed of sale is the nearby lot which is occupied by the relatives of the seller.
3. These information we just found out after all documents were already processed, BIR, state tax was paid all tax declaration (under the name of the 1st buyer) were cleared in fact we all have the necessary documents (RTC clearance etc) for application of title already received by DENR except a document coming from the baranggay captain for the 15 day posting.
4. The barangay captain refuses to issue a clearance or sign the posting because according to him there are possibly two owners of that parcel of land. (The current habitants of the said land presented to the barangay captain a newly issued tax declaration from the assessors office under the name of the original owner” and the captain take it as a proof that they can also be an owner of the said land note that these people are just niece and nephew of the original owner also it might be useful to note that these are the children of the brother of the original owner and they thought the land was owned by their father it appeared that the original owner might have just registered the land under his name and disregarded his brother)
5. The assessor’s office reason for issuing the new tax declaration under the name of the original owner is that the 1st buyer never requested for the deletion of the record of the original owner.
Aside from that there are ARP and PIN number involved and the 1st buyer’s documents doesn’t match on the books of the assessor although lot number and description of the land, lot area and boundaries matches… the new tax declaration issued on the other hand matches the ARP and PIN in the books.
6. We were advised to already involve a private lawyer but I would like to get your opinion if do we even have a case? We have spent a lot of time and money on this 366 sqm piece of land and we don’t want to spend more if there is a chance that we could still lose and that the habitants can claim the land instead.
7. How important is the ARP and PIN number in the application of the title?
8. What are the next steps that I should take? We were advised to request for the deletion of the record of the original owner… can I even request this?
Looking forward to your soonest reply.
Regards,
michelle
*correction… my sister bought the land from the 1st buyer whose only proof of ownership of the said land is the deed of sale with the original buyer and tax declaration on the land under his name.
Dear Michelle,
Thank you for visiting our website. As long as it involve about real property concern, you are on the right website. Your concern of the property bought by your sister is somehow complicated. It is advisable that when buying land it should be first be inspected and validated to make it sure that all other circumstances should be verified prior to perfection of the contract.
ARP (Assessment of Real Property No.) and PIN (Property Index No.) has no relationship in the application of titling of the property. ARP No. is a reference number being use in the Real Property Field Appraisal and Assessment Sheet, and it shall be translated into Tax Dec. No. during the final preparation of Tax Declaration. While the PIN is a special number designated in every parcel of lot under the Tax Map of the Assessor’s Office. What is important is the survey plan duly approved from LMS-DENR prior to issuance of the OCT/TCT (new title).
With regards to the issuance of new tax declaration, this transaction should have a legal documentary requirements, under the BLGF Manual on Real Property Appraisal & Assessment Operation: for Titled Property it should have a certified true copy of free patent, homestead or miscellaneous sale application; a CTC of title issued by ROD; and Approved Survey Plan (from LMS-DENR). In the hand, the deletion of record or we call it (as Assessor) “Cancellation of Assessment” is also need a written request (in Affidavit form) from the declared owner. And if the owner refuses, the tax declaration shall be cancelled.
With this circumstances, I think you should provide already a legal counsel, but prior to court litigation you should first registered your Deed of Conveyance at ROD. In that way you have more weight in the documentary evidence to be presented to the court.
BurauenAssessor
I’ve been following this site and I find it very informative..I do have a question po Engr.. Mt husband is planning to buy a property under CLOA .. it has a TCT already but with an annotation at the back regarding an encumbrance to LBP.. the recent owners (husband and wife) doesn’t know abt the annotation at the back because they just bought it from a relative. My husband then verified it at our ROD and they said probably it was paid long ago since they already issued a TCT.. I am skeptical because this might lead to problems in the future since my husband is planning to subdivide it to 18 lots with the help of a geodetic engr and resell it..My question is
1. What is the most reliable way to know if the TCT is free from encumbrances.
2. Is it feasible and fast to subdivide the lot and resell it at an economical price. (We’re worried it’ll require so many docs because it is under CLOA)
3. Can we execute a DEED OF absolute sale however, we won’t transfer it into our name.. we will just use a Special power of ATTY. fr the seller to avoid doubling of fees and taxes since we are planning to sell it.. By the way the seller is willing to execute a SPA authorizing my husband to sell it.
in advance, thank you po sir..
Dear Ca,
Good day and thank you for visiting our website. TCT title with annotation of an encumbrance it means that the obligation of the previous owner were not yet cleared. That is why the annotation of encumbrance has been carried-over from OCT into the TCT. Since you have already verified from ROD that the title has an annotation of encumbrance, you should go to the LBP to verify if it were already fully paid its obligation or else you have to pay the remaining balance. If its already okay, request from LBP a certification that the obligation is already complied, then bring the document together with TCT to ROD for cancellation of encumbrance. The subdivision of land with CLOA title to be resell into a residential lot it would take more time and many documentations. One of the document is the DAR conversion of the property into residential usage. It needs also the “re-classification” of the property from agricultural to residential usage before you can sale the property. Only your local sanggunian bayan or panglunsod has authority to issue such reclassification, and of course the subdivision plan itself need also the approval from the LMS-DENR. Medyo may katagalan. But, there’s another way to sell your property, you can sell it but the buyer will do take charge in all the documentations including the subdivision plan …but you cannot demand a much good price. Basically, the buyer will definitely demand to deduct all the processing and documentation expenses in your establish selling price.
Yes, you can execute a DOS through an SPA from the seller, in that way you’ll have a minimal payment of taxes and fees specially at BIR. But don’t forget first that you’ll need the deed of conveyance (DOS) from the seller to your end, this is to secure first the transfer of ownership to you legally. We dont known the eventually later on.
BurauenAssessor
My late father is a benifactor of land under CLOA and TCT was issued since May 2012 but till now we dont receive the original title and certificate of full payment despite of submitting all documents required by Land Bank-los banos. They said there was a problem on the details particularly the land area hence unable to release the title. Kindly advise on how to obtain the title, what is the process and which government dept we have to go. Thanks
Dear Joy,
Thank for visiting our website. CLOA OCT or TCT title is processed and issued by the DAR under the program of CARP Law, wherein your father is one of the beneficiary of this program. All title must be registered at the Registry of Deeds prior for release to the corresponding land owner. Your problem is that they won’t (LBP) release the title and certificate of full payment because of technical problem. In that case, seek first a certified true copy of CLOA title from ROD so that you would know what is the specific technical problem. If it is a clerical error only it must be corrected at once, however, if it is on the technical description of the property especially the boundaries there is a big problem because you’ll have to conduct a re-survey of the property and must be re-computed its area. To do this, yuo’ll have to hire a geodetic engineer and submit this corrected area to the concern office for correction.
BurauenAssessor
Dear Sir/ Madam,
My parents now both deceased owned a commercial lot in Puerto Princesa City. We have a title of the said lot but the City Register of Deeds does not have a copy as it was already ruined & they have no record that the said lot is owned by my parents. The Assessor’s Office though have record that my parents were the ones paying the realty tax when they were still alive. Now, the tax is being paid by us, the couples’ four children but still in the name of my father as he is the registered owner appearing in the TCT. Now, we have decided to sell the said lot, how is it possible, Sir, the TCT is in question because the Register of Deeds has no copy.
And I would also want to ask about Certificate of Landholding, doed this Certificate of Landholding gives one the authority to sell a lot in case one will be able to secure it from the Assessors Office?
Thank you for the attention you will give this inquiry.
Very respectfully yours,
Mrs. Linda Pallesco
Dear Linda,
Thank you for visiting our website. The ROD is the keeper of all original copies of OCT and TCT of all the land titles. This includes also the attachment or transfer documents of such titles. If the original title is lost, naturally the ROD couldn’t issue a certified true copy of it even though the land owner has the copy of the “original owner’s duplicate copy” of the title. There would be a big question of the prospective buyer because the ROD could not transfer the title (TCT) to the buyer if there is no “original title”. To remedy this situation, either the owner or the ROD shall file a petition to the court for issuance of second original copy of which of course entails some expenses for such action.
Certificate of Land Holding (CLH) is basically is a list of all the real properties of a certain individual which have a property ownership, and this is issued by the Assessor. This document is intended to be use at the BIR for the computation of Estate Tax. It is not definitely an authority to sell. The correct authority to sell is the Special Power of Attorney (SPA) which is subscribed and duly notarized by a lawyer.
BurauenAssessor
Good Day ask ko lng po me and my boyfriend plan to buy a lot in his province but the said lot are under free patent … after five pa daw maire-released yung titulo.. may siguraduhan ba na mapapasa amin ung lupa kung sakaling bilhin namin. thank you more power
Dear Ayra,
Thank you for visiting our website. Free Patent is a land title issued to any natural born Filipino citizen. Para maka-qualify, the land owner must not owned more than 12 hectares, he has continuously occupied and cultivated, whether by him-self or by his predecessor-in-interest, and always binayaran niya ang real property taxes o amelyar. At saka presently meron ngayon bagong law na RA-10023 (March 9, 2010): Free Patent Act for Residential Land. Ito po ay exclusively for residential land at ang qualification nito ay ; 200 sq.m. for Highly Urbanized Cities; 500 sq.m. for other Cities; 750 sq.m. for 1st & 2nd Class Municipalities; and 1000 sq.m. for 3rd Class Municipalities.
With regards naman sa tanong mo, of course kung mag execute na ng legal na DOS ang seller at duly notarized na ito, you have already the full ownership of that property. It is very important also that your DOS must be duly registered at ROD. Before you buy that property, mag verify ka muna sa mga dokumento e.g. tax declarations, the title itself, and have an ocular inspection sa actual location of the property.
Good luck and have a nice day.
BurauenAssessor
Hi thanks for being so helpful, my concern is may balak po kaming bumili nang house and land sa pampanga under CLOA title, maganda po yung bahay 225 sqm up and down and modern house, 1.5m po binebenta, my cousin will go to city hall to check the title at kung may utang po ba, ask ko lng po what do I have to do to secure myself na wala po tong problema, at in the future hindi po ito kukunin nang government. Medyo confused po kasi ako, at wala po ako sa pinas ask ko lang po may possibility ba na mailagay under my name yung property kahit na wala ako sa pinas? Thanks mucho.
Dear Laydee,
Thanks sa pagbisita mo sa aming website. Well, its very good na you have check to it first before ka bumili ng house and lot para sa iyong family. Kung sa TITLE ng lupa you must check it sa Registry of Deeds diyan sa City nyo. You can request for certified true copy ng title to verify the ownership at saka kung meron ba itong mga encumbrances. Next thing is to check at the City Assessor Office sa tax declaration ng lupang bibilhin mo at ang house mismo kung may tax declaration na rin po ito. Verify it kung ang title name ng lupa/house ay the same sa tax declaration. Verify also at the treasury office kung bayad ba ito ng real property taxes o amelyar. But before you do this all, you can request naman sa seller ng house and lot a copies of all documents that is related to the property.
With regards to the transfer of ownership into your name, yes, you can transfer that. Ang gagawin mo lang ay mag issue ka ng “Special Power of Attorney” SPA kung sino ang bibigyan mo ng authority. With your concern naman na baka in the future kukunin ito ng government, I think hindi naman ito kukunin ng govt. dahil titulado naman ito, although the government ay may authority (under eminent domain) ng pag gamit ng any land kung ito ay for public use. Para mawala ang pangamba mo, you can verify this sa City Planning Office, ask kung ano ang zoning classification ng lupang bibilhin mo.
Good luck and God Bless.
BurauenAssessor
Good day, we are planning to buy a parcel of land but the owner told us it is under BOS/VOS since last year and the area was measured by the DAR employees already. The CLOA is not yet issued and receive but they are planning to sell the property to us (nephew). Is it allowed to transfer the name in CLOA even the ten years period is not reach and the certificate is not issued?
Dear John,
Thank you for visiting our website. CLOA title cannot be transferred within the prohibited period. You have to wait of 10 years before it can be transferred. Since, the papers were already on the process, the right thing to do is to complete first the documentation and the issuance of CLOA title. Upon perfection of CLOA, you can prepare now the DOS, but the 10 years prohibition is still in effect assuming it is recently issued CLOA.
BurauenAssessor
Hi good day! Gusto ko lang po malaman kung paano magtransfer ng land title from my grandparents name to my sister? Kasi yung mother ko po gusto nya mtransfer na lang directly sa sister ko, pwde po ba yun? My mother has 3 other siblings (but the 2 are in heaven already). Pwde po ba na ung eldest na anak na lng ng kapatid nya and magsign for title transfer? Anu pa po ba ung mga kailangan na gawin, anu po mga documents na kailangan i-prepare for transfer? And do you have any idea how much is the cost for land title transfer? I am hoping for your kind response. Thanking you in advance. God Bless!
Dear Acel,
Good day at salamat sa pagbisita mo sa aming website. Puede nyo itong gawin ang trasnfer of title, ang dapat gawin lang ninyo ay gagawa ng “Extra-judicial Settlement with Deed of Sale” o di kaya “with Donation” from your grandparent to the eldest na anak. You have to contact a lawyer for this. Before po kayong maka transfer ng title, you have to pay first the real property taxes sa local treasury office ninyo, pay also the transfer fee, get certifications sa local assessor for the tax declaration and certificate of no improvement, if any. Then pupunta kayo sa BIR for the payment of Capital Gain Tax (CGT), Documentary stamp tax (DST), and Estate tax (ET). Once matapos kana sa mga payment, bibigyan kayo ng BIR ng CAR (Certificate Authorizing Registration). After nito pupunta ka na sa Registry of Deeds (ROD) for the transfer of “Title”. With regards sa cost, sa payment ng real property tax o amelyar depende po ito sa “Assessed Value”; sa BIR naman, for CGT – 6% at sa DST – 1.5% sa amount consideration sa SALE document o di kaya sa zonal value or market value which ever is the highest; at sa ET naman depende po ito sa total market value ng mga properties ng grandparent mo during their time of death. At sa ROD naman, very minimal sa registration and transfer fee mga around 5K more or less.
BuraueAssessor
sir, nakabili po kami ng agri lot ngayong taon lang po. binenta nang unang mayari tapos binenta naman sakin ng nakabili napatitulohan na nya.. noong nasa ROD kami hiningan kami ng DAR Clearance dahil dati daw EP yung lupa. pinapunta nila kami sa dar. Noong nagpunta kami sa dar, pinabalik naman kami sa ROD para humingi ng EP/Cloa court order/reasons for cancellation daw. At nirequire ako hanapin yung seller Para magpapirma ng affidavit of transferor. Iyon nga lang hindi na namin mahagilap yung seller dahil nag japan na noong march pa hindi rin makontak mga parents nya. bayad na kami sa lahat pati sa bir tax 110k para sabihin lang ng isang branch ng dar na hindi kami bibigyan ng title dahil wala na si seller. Ayaw kami bigyan ng option para magkaclearance
Lumipat kami ng ibang branch. ang sabi nya 2009 pa inihinto ang DAR clearance. 2012 iyong titulo ni seller. sure daw na peke yung dar clearance na binigay doon. nirefer nya kami sa MARO. iyon din ang sinabi nya pero hiningan nya kami ng bayad 20k para sa pagpapatitulo. may tao daw sya sa ROD mismo. papahirapan lang daw kami tapos peke yung clearance.
yung ibang nakausap namin 100k at 50k ang hinihingi. kada ibebenta ba ang dating EP ay kailangan ng DAR clearance? peke o hindi alam ko nabigyan ng clearance si seller kwento ng pinaka unang owner na kapitbahay namin. EP to TCT to TCT ang bali mangyayari kasi? salamat po
Dear Phytonry,
Salamat sa pag bisita mo sa aming website. Lahat po ng agricultural land na subject for transfer ng title ay required ng ROD ng DAR Clearance. In your case it is also being required. Marami ang mga requirements, isa na dyan ang Affidavit ng Transferor. Kung wala na dyan ang seller/transferor, puede naman mag execute ang next kin ng seller based sa Deed of Sale ng seller. Mas maganda kung ang lawyer na gumawa ng DOS sa nabili mong lupa sya rin ang gumawa ng affidavit dahil he/she know everything sa lupang iyan.
Kung mag paprocess po ng DAR Clearance wala naman itong mga payment sa pag submit sa MARO. Ang PARO po ang mag iissue ng DAR Clearance na duly indorse po ng MARO. Kung completo lang ang mga document, it takes 3-4 weeks lang ito ang marerelease na. Dyan sa inyo medyo ini-ipit lang po kayo para wala kang choice kundi magbayad sa kanila (fixer).
BurauenAssessor
Good day po. Sir/Madam, ask ko lang po. My friend’s father want to sell the lot of his grandparent pero wala po silang hawak ng title nung lupa. .Tama po bah ang gagawin nila na mag pa tax map sa Assessor’s Office sa City hall para malaman kung may Title at Tax Declaration ang lupa na ibebenta nila at kung nka pangalan nga ito sa grandparent ng tatay nya? salamat po ng marami. 🙂
Dear Angilie,
Thank you sa pagbisita mo sa aming website. Kung bibili po kayo ng isang lupa, you request from the owner na bigyan ka nang mga documents like title, tax declaration, reciepts sa payment ng rpt taxes, maps o drawing ng lot, and other relevant related documents. Kung walang title, ask the owner kung ano ang lot number nito. You can check sa Assessor Office kung saan ang location ang lote at the same time ma-verify ang correct lot number. Also kung meron ng tax declaration, check sa TD mismo kung may lot number. At kung alam muna kung ano ang lot number, you can check also at ROD kung ang particular na lot number ay meron title. Before po kayong magpagawa ng DOS, see to it na na-inspection mo na ang loteng bibilhin mo. Verify sa adjoining owner ng lote kung ano ang actual condition sa lupang yan, especially sa ownership.
BurauenAssessor
Hi. We have a Land with CLOA title na naka 10 years na, just want to ask if we can sell it to Land Bank of the Philippines or other banks? Naka
Dear Ma. Angela,
As long na labas na po sa restriction period na 10 years ang CLOA title, puede na po itong ebenta sa mga banks o kahit sino. Usually ang mga banks ay hindi masyadong bumibili ng lupa, mostly they accept for mortgage na ang collateral ay ang lupa with title.
BurauenAssessor
Hello po magandang araw.
Napakarami po natutulungan ng site na ito at salamat sa pagsagot nyo. Dati na po ako nag inquire at nasagot nyo po ng mabuti ang aking tanong.
Meron po ulit ako tanong. May CLOA title po ang aming mga magulang naaward noon 1986. Yumao na po ang tatay 19yrs ago na. Buhay pa po ang nanay.
1. Paano po ba ang proseso para mailipat ang title under sa nanay at mga anak? Ano ano ang mga babayaran sa pag proceso nito. 8 po kami siblings at ang 1 ay yumao na rin. Updated naman po ang pagbabayad ng amilyar.
2. Pinapabukid po namin ang lupa since namatay ang tatay. Posible po ba na mag aply sa DAR ang tenant para mapasakanya ang lupa?
Salamat po in advance sa magiging sagot nyo.
God bless.
Dear Johuana,
Salamat again sa pag visit mo sa aming website. Since isa sa parent mo ay yumao na, ang gawin nyo ay mag pagawa ng Extra-Judicial Partition among the siblings o kapatid mo at sa Nanay mo. Ito pong legal document ay importante para po ma transfer ang title (TCT) individually sa inyo. Then magpapagawa din po kayong ng isang approved subdivision plan with the corresponding areas base sa Extra-Judicial Partition ninyo. Ang mga bayarin ay ang Estate Tax sa BIR, of course the real property tax, transfer fee, at sa registration fee and titling sa ROD. With regards naman sa tenant, ang pag apply ng isang tenant sa DAR ay dapat may consent ang land owner. Ang isang tenant ay wala siyang rights na maging owner sa kanyang sinasaka, unless ibigay ito ng land owner. May mahaba nito proceso, so more info better contact sa local DAR ninyo.
BurauenAssessor
ask ko lang po sana sir/maam if yung may ari po nglupa ay patay na at kmi po ang kasalukuyang nagtatanim, cloa title po yung lupa kaso lang wala po sa amin. hindi po namin alam kung nasan na. yung wife ay patay na din, at wala silang anak. yung husband ko po ay pamangkin lang po nung may aring namatay. pwede po ba palitan yung cloa title ng pangalan ng husband ko? if pwede po pano proseso?
Dear Winona,
Good day at salamat sa pag bisita mo sa aming website. Lumalabas dito na hindi po kayo (your husband) ang direct heirs sa lupang yan. Mahihirapan po kayong maka transfer ng pangalan sa lupang yan, unless yong asawa mo ay sya na lang po ang only heirs sa napatay na owner. Kung meron pa pong mga kapatid ang yumaong owner sila po ang may karapatan sa ownership ng lupa. With regards sa copy ng title, you can request a certified true copy ng title sa ROD. Just present the title number at kung saan ang location ng property.
BurauenAssessor
good day! Ano po ang process pag magpapacancel ng annotation sa CLOA. May certificate of Full payment na po from Landbank. Thanks
Dear Glenda,
Thank you sa pag visit mo sa aming website. Ang cancellation of annotation sa title ay pina-process po ito sa ROD (Registry of Deeds). So, kung magpapa-cancel to kayo ng annotation sa title (in your case CLOA Title), all you have to do ay dalhin mo ang Certificate of Full Payment ng Land Bank at saka the copy of the original owner’s duplicate copy ng CLOA title sa ROD. Then ang dala mong CLOA Title na may annotation ng Land Bank ito po ay ka-kanselin ng ROD sa isang rin annotation of cancellation.
BurauenAssessor
Dear Burauenassessor,
Mahigit 25 years na po na-issue ang CLOA, sapat na po ba itong katibayan ng pagmamay-ari ng lupa kahit hindi pa nai-transfer ang titulo at di pa naihihiwalay sa mother title?
Ano po ang batayan ng landlord kung sakaling babawiin ang mahigit 25 taon nang na-issue na CLOA?
Tama po bang alukin at bilhin ng dating landlord ang lupa kahit may CLOA? Ibig sabihin po ba nito, hindi binabawi ng DAR kundi gustong mabawi ng landlord sa pamamagitan ng pag-aalok na bayaran ang lupa at para lumabas na kusang isinurrender ng magsasaka?
Salamat po sa pagsagot sa aking mga katanungan.
Dear Chinita,
Salamat sa pag bisita mo sa aming website. Ang isang titulo ay isang katibayan sa pagmamay-ari ng isang lupa. Ito po ang absolute proof of ownership ng isang real property. Ang CLOA title po na issue ng DAR, ito po ay isang programa ng national government under RA-6657 na ang mga tenant farmers na walang lupa ay binibigyan nito as beneficiaries. So, kung meron na po kayong title, it means na kayo na po ang may-ari. Meron na po kayong ang sinasabing bundle of rights sa property nyo. Meron po kayong rights na ebenta yan o hindi, rights na ibigay o hindi, o rights sakahin o hindi. Its your decision kung ebebenta nyo sa dating may-ari. Pero mas maganda kung hindi nyo ito ebenta, dahil kawawa naman ang next generation ng pamilya nyo na at least meron silang nakita legacy na iniwan ng mga parents ninyo.
BurauenAssessor
Good day po. Kami po ay beneficiary ng DAR, 2006 po nagkaron ng Notice of Coverage pero hanggang ngayon ay wala pa kaming hawak na CLOA. This July 2020 lang po ay nagverify sa ROD ang Tatay namin, ang sabi naregistered na nila and narevert na sa DAR ang CLOA for awarding this coming August. Para mapanatag ang loob namin na may CLOA, binigyan si Tatay ng xerox copy ng 1st page ng CLOA kung saan nakalagay ang serial number at pangalan ng beneficiary.
Sa nababasa po namin, ang CLOA ay may issuance date na Dec 6, 2010. Ang tanong po namin, yun reckoning of CLOA prohibition period to sell, transfer, convey ay magsisimula sa date of issuance na nakasaad sa CLOA or sa date ng registration sa ROD?
Bali sa pagkakaintindi po namin, 2010 naissue yun CLOA pero this year 2020 lang po naregister sa ROD. Anong taon po ang magiging basehan ng prohibition period? Balak po kasi namin ipagbayad na sa landbank, magbayad ng tax once makuha yun CLOA, ipapaTCT na po namin.
Salamat po sa magiging sagot.
Good morning po!
Nakabili po kami ng lupa na meron Original Certificate of Title/ Emancipation Patent na released sa year 1981. Patay na po ung original owner pero meron po syang mga anak. Sa kanila po namin binili. Hindi po nila ginagamit yung lupa. Kasulatan lang po sa pagbili ng Rights sa lupa yung unang ginawa namin base po sa advice sa amin. Ako po ung nagbayad sa Tax since 1980’s up to 2021. Cheni check pa po if fully paid na ung lupa sa landbank. If fully paid na po yung lupa sa landbank ano po ung next process para ma transfer na sa pangalan namin? if hindi pa po, ano po ung gagawin namin? Thank u.
Dear Loriza,
Good day. Thanks sa pag visit mo sa aming website. Since ang lupang nabili mo ay kasulatan lang, it means na hindi pa ito notarize at hindi pa po ito puedeng ma process for transfer sa iyong pangalan. Kung clear na po kayo sa Land Bank, ang unang gagawin mo ay mag pagawa po ng legal na documento, since patay na ang original owner ng lupa ang gagawin nyong documento ay ang “Extra-Judicial Settlement with Absolute Sale”. Ito ay pepermahan ng mga hiers ng yumaong lot owner. Once meron na po kayong legal na DOS, you can start na sa process for transfer. Firstly, you go to sa local treasury ninyo para bayaran ang amelyar o real property tax, get also tax clearance certificate from the treasury office and transfer fee certificate. Then go to the Assessor Office upang kumuha ng certified true copies ng mga tax declarations, tax holding certificate sa yumaong lot owner, certificate of no improvements. You can now proceed to BIR for the payment of Capital Gain Tax, Documentary Stamp Tax and Estate Tax. Once ma cleared kayo sa BIR, they will now issue the CAR (Certificate Authorizing Registration). After this, you should now proceed to ROD (Registry of Deeds) for registration of your sale documents and the tranfer of Title. See to it na dala mo ang original owner’s duplicate copy ng title. Without nito, hindi ka po pueding makapag-transfer ng title. And lastly, kung tapos kana sa ROD, you must go to the Assessor Office naman para ma transfer ang tax declaration into your name. Don’t forget to pay the annual payment ng amelyar or real property tax.
BurauenAssessor
Thank you po for the info. May concern pa po ako kasi po yung isa po sa magkakapatid ay nawawala po matagal na hindi po sure kung patay na ba, wala po silang contact simula umalis patungong maynila dekada na ang nakapalipas. Ano po yung magandang gawin?
On Mon, Jun 14, 2021, 8:09 AM Welcome to the Official Website of Burauen Municipal Assessor wrote:
> burauenassessor commented: “Dear Loriza, Good day. Thanks sa pag visit mo > sa aming website. Since ang lupang nabili mo ay kasulatan lang, it means na > hindi pa ito notarize at hindi pa po ito puedeng ma process for transfer sa > iyong pangalan. Kung clear na po kayo sa Land Bank, ang u” >
Dear Loriza,
Kung sakaling ang isang heirs ay medyo nawawala na o hindi ito alam ng mga kamag-anak kung buhay pa ba sya. Puede kang mag verify sa local civil registrar ninyo o sa PSA (Philippine Statistic Authority). Pero before po kayong mag verify, ask first sa mga detalye ng tao, like full name, birth date, name’s of father and mother. Ito pong information ay kailangan para ma verify, then request nalang ng certificate of live birth at death certificate kung meron man. I’m sure na meron itong record sa civil registrar at PSA. Kung meron na po kayong mga documento, ito na po ang pag babasehan ng abogado nyo sa pag gawa ng Deed of Conveyance.
BurauenAssessor
Magandang araw po sa inyo.
Gusto ko lang po sanang i-consult ang tungkol po sa CLOA title ng lola ng wife ko na naisanla at ayaw nang ipatubos ng pinagsanlaan. 3 times na po kaming bumalik at nakipag-usap sa pinagsanlaan para tubusin ang lupa pero nanindigan po siya na wala na daw po sa kanya ang original duplicate copy ng title dahil tinubos na daw po ito ng orignal owner(lola ng wife ko). Sinubukan po naming pumunta sa Municipal Assessors Office at doon ay nalaman namin na may nagbabayad po ng tax para sa lupa subalit ang name na ginagamit ay ang name ng lola ng wife. Bases sa kanilang record ay last 2017 pa ito huling nabayaran. Nagdecide kami ng kumuha ng certified true copy ng title sa Registry of Deeds at doon namin nalaman na walang annotation ng anumang sanlaan o bilihin ang lupa at nakapangalan parin sa original owner ang title. Muli po kaming bumalik sa pinagsanlaan para muling kausapin at papirmahan ang isang document na katunayang naipatubos na nya ang lupa sa lola ng wife ko pero ayaw po nyang pirmahan. Dahil dito ay nagdecide po kami na irrecord na lang ang aming conversation para kahit paano ay may pinanghahawakan kaming evidence mula mismo sa kanya bibig na naisuli na niya ang original duplicate copy ng title after na matubos ito ng lola ko. Ayon din po sa lola ng wife ko, kami na lang ang mag-asikaso at tumubos ng lupa at kapag naging ok na ay ililipat na sa amin ang pagmamay-ari nito. Narito po ang aming tanong:
1. Dahil sa buhay pa naman ang lola ng wife ko, maaari po ba siyang mag-execute ng Deed of Donation para ilipat ang pag-aari sa wife ko kahit wala sa kanya ang original duplicate copy ng title?
2. Plano sana po namin na hindi na muna ipa-transfer ang title sa name ng wife ko sakaling pwedeng magkaroon ng Deed of Donation pero pwede po bang i-allowed ng RD na mai-annotate ito sa titulo ng lupa na nasa kanila?
3. May habol pa po ba ang pinagsanlaan ng lupa sakaling after ng Deed of Donation na gagawin sa harap ng abogado ay biglang nagbago ang isip ng pinagsanlaan at nagdecide na ipatubos ulit ang lupa?
4. Ano po kaya ang pinakamabuti naming gawin?
Dear William.
Salamat sa pag bisita mo sa aming website. Ang sangla o prenda ay hindi po ito isang mode of trasnfer of ownership ng isang property. Ang sinanglaan nyo ay hindi po sya makakapag-pa trasnfer nito. So, its nothing to worry. Ang problema lang ang “owner’s duplicate copy” ng title ay ayaw ibigay sa inyo. Kung ganito ang situation, mag execute nalang kayong ng affidavit of loss at mag file sa proper court ng issuance of second copy ng title. With regards sa question no.1 mo, Yes, your lola can execute ng Deed of Donation (DOD) kahit wala po ang owner’s duplicate copy ng titulo. Kung sakaling mag pa transfer na po kayo ng title you have file muna sa court before po kayo makapagpa-transfer. Sa queston no.2 naman, ang DOD ninyo ay puede po itong ma registered sa ROD as long as na bayad na po ito sa BIR – ang donor’s tax. With regards sa annotation sa title, you’ll need to submit ng owner’s duplicate copy ng title before ma annotate, kasi both the original at owner’s copy ay dapat may annotation sila. Sa question no.3 naman, yes, may habol ang sinanglaan kung just in case mag claim sila. Pero once meron na po kayong “second copy” ng title as per court order, ang kanilang hawak ng title ay magiging null and void na yon. It means wala ng gamit. In that case, puede na kayong hindi mag bayad sa kanila just in case mag claim pa sila. So, the best thing to do (question no.4), ay mag process na po kayo sa issuance ng second copy ng title sa korte.
BurauenAssessor