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Yes. A Special Power of Attorney (SPA) is merely a document establishing that the property owner authorizes an agent to sell his property.
Ownership remains with the owner, and all the rights, therefore, on the property remain with the owner. The agent, in a sale of property, is given the authority to carry out the selling of property.
An SPA is an instrument in writing by which one person, as principal, appoints another as his agent and confers upon him the authority to perform certain specified acts or kinds of acts on behalf of the principal with a primary purpose to evidence agent’s authority to third parties with whom the agent deals.
The SPA confers a contract of agency between the principal and the agent. Agency establishes a fiduciary relationship giving power to an agent to contract with a third person on behalf of the principal. Furthermore, having Agency gives the power to affect the principal’s contractual relations with third persons.
The requirement for the execution of an SPA is provided under Article 1878 of the New Civil Code:
ARTICLE 1878. Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;
(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or surety; musawi
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion. (n)
When the principal executes an SPA in favor of an agent referring to the sale of a particular property, the buyer has every reason to rely on a person’s authority (the agent) to sell the particular property.
Need further information and assistance regarding Special Power of Attorney? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+632) 8478 5826 or send an email to info@filedocsphil.com for more information.
A Certificate Authorizing Registration is a legal document that serves as a tax clearance for the transfer of certificate of title or condominium certificate of title of property. The application for a CAR is a mandatory requirement to prove that taxes due of the property are already paid for before selling.
The application for a CAR certificate is filed electronically through the eCAR registration at the Bureau of Internal Revenue, where the period of its issuance may take fifteen (15) to thirty (30) days upon its application.
The designated Revenue District Officer (RDO) where the property is located shall release the CAR certificate requested by the taxpayer. The RDO has the right to not allow any transfer of title when the eCAR certificate is not validated by the BIR.
Any CAR certificates that were manually issued before the execution of R.R. 3-2019 shall be subject to revalidation by the BIR. Any submission of manual CAR certificates shall not be accepted by the RDO as manual CAR certificates are to be deemed expired unless revalidated. Manual CAR certificates are to be replaced with the new issued eCAR certificates upon revalidation.
The validity of an eCAR certificate is five (5) consecutive years from the date of its issuance. Once the validity period lapses, the eCAR certificate shall have no effect with future transfer of certificate of title or condominium certificate of title transfers, thus a new eCAR certificate is needed.
The basic requirements to be submitted to secure an eCAR certificate are the following:
The eCAR certificate shall be issued per title of the property to be transferred. Only one (1) eCAR certificate shall be issued despite separate tax declarations.
Unlike with registered land, the eCAR certificate for unregistered land shall be issued per tax declaration covering the improvements on the land.
Yes. One of the most common penalties received are fines, compromise penalties and interests issued depending on the value of the property at question. Surcharges ranging from 25% – 50% may arise when subject to fraudulent acts.
This is not a penalty per se but without the eCAR certificate, it will render the transfer of the transfer of certificate of title or condominium certificate of title to the new owner difficult or nearly impossible.
As a foreign national, no you are not eligible to secure an eCAR certificate for land, as only Filipino citizens are allowed and are eligible to attain such a document. Unless, you are a qualified foreigner allowed to own land in the Philippines. See further discussion under this link.
You may however secure an eCAR for an improvement or building but with no land attached.
Yes. It is a mandatory requirement to take care and pay the issuance of your Capital Gains Tax (CGT) of the property you are about to sell. The reason behind this is that the CGT issuance is a main requirement when applying for an eCAR certificate.
You may also view our preceding BIR CAR process to learn more about it. Should you need help or assistance in the processing of the necessary requirements for BIR CAR, you may contact us at info@filedocsphil.com or +63.977.241.5709.
What is a Certificate of Title?
A Certificate of Title is the main evidence of ownership. It is thus important that a Certificate of Title be issued to the new owner after a transfer of a particular real property or real estate, either by means of a sale, inheritance, or donation.
What is the procedure in title transfer?
The general process of registration requires, among others, the presentation of the previous owner’s duplicate title, payment of fees and taxes (such as the Capital Gains Tax, Documentary Stamp Tax, and real estate tax), processing of electronic Certificate Authorizing Registration (eCAR), and cancellation and issuance of a new title bearing the new owner’s name.
How long is the process for a title transfer?
Title transfer is a very tedious and long process if you do it alone. It might take around five months, or longer, depending on the availability of your documents and other circumstances. You have to allot time and money in the preparation and processing of the necessary requirements from various agencies, the payment of various fees and taxes in different offices, and the submission of the complete documents with the Register of Deeds.
Getting assisted by an expert will surely save you time and money. Prevent the stress and hassle of tedious title transfer by letting FILEDOCSPHIL help you. CLICK HERE for a free quote.
What are the things that I should check before I buy a property?
In buying a property, be a wise purchaser by doing the following:
Ensure proper title verification done by experts here at FILEDOCSPHIL. CLICK HERE for a free quote.
Cancellation and Issuance of Tax Declaration?
A Tax Declaration shows the assessed and fair market values of the property which serves as the basis for the Real Property Tax.
I have bought a property with its title issued under my name. What should I do next?
After having the title of a property to your name, it is important that the Tax Declaration of the previous property owner must be cancelled and a new one be issued under your name.
FILEDOCSPHIL can help process your property’s Tax Declaration. CLICK HERE for a free quote.
What is an Extra Judicial Settlement?
In dividing the estate of the decedent between the heirs, an Extra Judicial Settlement (EJS) can be made without the need to go to the court. Section 1, Rule 74 of the Rules of Court provides that an extrajudicial settlement may be validly executed as long as all the four conditions are present:
What are the necessary steps I should keep in mind in an EJS?
In executing an EJS, the consent of all the heirs are needed. You must also notarize the EJS document. After the EJS notarization, it is necessary to process the Certificate Authorizing Registration (CAR) with the BIR and to pay the transfer taxes before proceeding to the Registry of Deeds to have the current title transferred under the name of the heirs.
At FILEDOCSPHIL, we have lawyers who can assist you in making your Extra Judicial Settlement Agreements. CLICK HERE for a free quote.
What is Real Property Tax?
Real Property Tax (RPT) is imposed on any real property by the Local Government Units (LGUs).
What are examples of real properties?
Article 415 of the Civil Code enumerates what are considered as real property or immovable property:
When can I pay the Real Property Tax? Are there discounts offered?
RPT must be paid every year, on January 1st to be exact. Some LGUs provide dates when you can pay the RPT payment without interest. In fact, some LGUs/city halls even give a huge discount to incentivize early payments of the RPT. Depending on the city/municipality, the discount can be as high as 20%, depending on how early you pay the RPT.
What happens when I do not pay my Real Property Tax?
Not paying the RPT will risk the property being marked as delinquent and subject to levy and public auction.
FILEDOCSPHIL can assist you in your annual payment of your Real Property Taxes to avoid penalties and delinquencies and to score huge discounts. CLICK HERE for a free quote.
What is an annotation in title?
An annotation in the title is considered as a constructive notice to third persons that a property is subject to a lien or an encumbrance. Voluntary annotation or the removal thereof may be done by requesting the Registry of Deeds to record a certain transaction concerning the property.
What are the common annotations in title?
Common annotations: mortgage, lease, easements, and Section 4, Rule 74 (transfer by succession or Extrajudicial Settlement).
How do I remove annotations on the previous owner’s title?
If there are existing annotations during the transfer, such annotations are carried over on the new title issued to the owner. It will only be removed once the obligation concerning the property has been discharged, or once you have the complete requirements for its removal.
Let FILEDOCSPHIL process the voluntary annotation or cancellation of annotation on your title. CLICK HERE for a free quote.
What is a usufruct?
A usufruct gives a person, the usufructuary, the right to enjoy the property that belongs to another. The usufructuary has the obligation to preserve said property (NCC Art. 562). Usufructs are created either (1) by law; (2) by will of private persons; or (3) by prescription (NCC Art. 563).
Do parents have usufructuary rights over their children’s property?
By law, parents have usufructuary rights over the child’s property. This ensures that parents who have transferred their property titles to their children can still have a place to stay and enjoy said property (FC Art. 226).
How can I enter into an usufruct with another person?
A usufruct can also be agreed upon voluntarily by will of private persons. It can be by way of a contract, donation, retention of the usufruct by the donor, last wills, etc.
Why do I need a usufructuary agreement?
A usufructuary agreement is needed to protect the rights of both parties and to prevent future disagreements concerning the property. FILEDOCSPHIL’s lawyers can create an agreement for you. CLICK HERE for a free quote.
What do I do if my Title is lost or destroyed?
A Petition for Reconstitution of Title restores the lost or destroyed title in the same form prior to the said loss/destruction. A proper proceeding for this petition must be filed before the Regional Trial Court (RTC). The RTC will order reconstitution as long as there are meritorious grounds.
You need the expertise of a lawyer in filing such a petition. Let FILEDOCSPHIL’s lawyers help you. CLICK HERE for a free quote.
How do I partition a property?
Partition is done (1) by an agreement between parties; or (2) by judicial proceedings.
Does partition apply to any type of property ownership?
Partition only applies if the property is co-owned, thus it happens when:
What happens after a partition?
After the partition, it makes each co-owners the exclusive owner of their respective shares.
I am a co-owner of a property and I want to get my share. What should I do?
A co-owner can demand partition at any time, but only to the extent of his/her share.
Do I need a surveyor in partitioning my property?
Partition of parcels of land involves survey plans so that the current metes and bounds may be cut up and divided accordingly. A surveyor thus needs to be hired to properly divide the land.
You must get a lawyer in order to guide you in the partition of your property. Let FILEDOCSPHIL’s lawyers help you. CLICK HERE for a free quote.
How can I amend the information in the title?
A Title can only be amended through a court order in a direct proceeding. A petition for amendment must be filed in the appropriate court.
What are the valid grounds for a petition for amendment of title?
The following are the valid grounds in filing for a petition for amendment:
You need a lawyer in filing such a petition. Let FILEDOCSPHIL’s lawyers help you. CLICK HERE for a free quote.
Why should I upgrade to an e-Title?
With our government and their corresponding systems adapting to modern times, a new digitalized program is now available with regards to one’s land titles. The Land Registration Authority currently gives title owners the option to upgrade their physical titles to e-Titles. This raises the question on why you should upgrade your physical land title to an e-Title. Is it enough to just retain the physical copies of your land titles with you? Through the Land Registration Authority’s Computerized System, having an e-Title can give you quite a number of benefits, such as avoiding the risk of losing, tampering, or destroying of the hardcopies of the original titles. Moreover, it will safeguard the title owners from fake land titles or titles tampered with spurious information.
How do I get my e-Title?
An e-Title can only be issued through the process of the Land Registration Authority’s (LRA) Voluntary Title Standardization Program. In order for you to get your e-Title, you need to file a verified Petition for Voluntary Standardization of Certificate of Title.
What are the requirements on filing a Petition for Voluntary Standardization of Title?
LRA Circular No. 27-2011 provides the requirements for the said petition:
Here at FILEDOCSPHIL, a dependable team of lawyers and land experts can help you with your queries. Avail of FILEDOCSPHIL’s services in getting your e-Title. CLICK HERE for a free quote.
The Electronic Certificate Authorizing Registration (eCAR) is an attestation by the Bureau of Internal Revenue (BIR) Commissioner (or his duly authorized representative) which confirms that the taxes incurred in the transfer of real and personal properties have already been paid. Basically, it is a tax clearance document issued by the BIR. An eCAR is a mandatory requirement, for without an eCAR, the title or ownership to such real or personal properties cannot be transferred to the new owner.
BIR has developed the eCAR System which creates the electronically generated Certificate Authorizing Registration (CAR). The said system has barcode verification in order to prevent errors incurred in manually preparing the CAR and to eliminate the risk of having spurious CAR documents.
On April 8, 2019, the BIR issued the Revenue Regulations (RR) No. 3-2019 which directs that only eCARs issued by the BIR (from the eCAR system) are accepted by the Provincial, City and Municipal Assessor’s Offices of all LGUs, banks, and other issuers of Stock Certificates, Bonds and other similar Paper Securities.
BIR Form No. 2313-P is used for transactions involving transfer of personal properties. On the other hand, BIR Form No. 2313-R is for transactions involving transfer of real properties.
Under the Corporation Code, shares of stock are personal property. Thus, the eCAR form for transfer of shares is BIR Form No. 2313-P.
The eCAR system has replaced the manually-issued CARs. An eCAR document has a system-generated barcode and a Barcode Reference Number (BRN) for verification purposes. Moreover, the following are also stamped on all the backpages of the original copy of the transfer document (such as a Deed of Sale, Deed of Assignment, Deed of Extrajudicial Settlement of Estate, etc.)
The following are considered expired manual CARs and are no longer valid:
It is necessary to replace the above-mentioned CARs with an eCAR. Note that you still need to present the expired CARs during the eCAR application.
Under Section 63 of the Corporation Code, shares of stock are considered as personal property. The provision also requires that shares of stock must have a stocks certificate. Note that herein shares of stock pertain to those not traded in the stock exchange.
Shares of stock (with corresponding stock certificates) are validly transferred by strictly following the three conditions below:
1. the delivery of the certificate;
2. the endorsement of the owner (or his agent) of the certificates; and
3. the registration of the transfer of shares of stock in the books of the corporation.
The eCAR is a mandatory requirement before a Corporate Secretary can record the transfer of shares in the books of a corporation. The lack of an eCAR renders the transfer of shares invalid. Further, RR No. 3-2019
mandates that an eCAR is necessary before the Corporate Secretary can issue new stock certificates bearing the new owner’s name.
If a Corporate Secretary of a Philippine corporation (1) issues new stock certificates to a new owner; or (2) records the transfer of shares in the books of the corporation, both without an eCAR, the said Corporate Secretary will incur administrative penalties/liabilities.
The following are the basic requirements for an eCAR for transfer of shares:
As per RR No. 3-2019, eCARs are now valid for five years from the date of issuance. After the lapse of five years, the eCAR document is deemed permanently expired. A new eCAR will be issued upon request of the taxpayer.
With the COVID-19 pandemic, process time can take longer than usual. It will take around one to two months, depending on the availability of your documents, so plan accordingly.
1. Go to the BIR Regional District Office (RDO) having jurisdiction over the seller’s address and submit the BIR Form 1904 in order to verify the TIN number of seller and buyer.
2. After the verification, go to the BIR National Office – ONETT to submit the required documents.
3. The ONETT will evaluate the completeness and validity of the application. If requirements are complete, the ONETT will do the necessary computation for Capital Gain Tax for the BIR Form No. 1707 (Capital Gains Tax Return).
4. The DST and Capital Gains Tax Return (with computation) shall be filled and paid in any Authorized Agent Bank (ABB) under the jurisdiction of the RDO where the seller/transferor is registered 30 days after each sale.
5. Upon payment, keep the bank validated payment receipt and the stamped BIR 1707 and DST 2000-OT forms. These will be the proof of filing and payment which will be submitted to ONNET along with the other requirements.
6. Submit the received BIR 1707 together with the other requirements to the ONNET Department.
7. The ONNET officer will give a claim stub indicating the date and time of the release of CAR
8. Once the eCAR has been released, the Corporate Secretary can now issue the new stock certificates.
You may also avail of FILEDOCSPHIL services to obtain the eCAR for you. CLICK HERE for a free quote.
The following are the current rates for Capital Gains Tax (CGT) pursuant to Republic Act No. 10963 or the TRAIN Law, effective January 1, 2018 to present.
The eCAR services of FILEDOCSPHIL already includes the computation of Capital Gains Tax.
It is possible to process the eCAR application on your own. However, you must allot time and effort and expect multiple trips to the BIR just to complete your eCAR application. Indeed, you have to plan ahead and budget your time accordingly because there are times when the documents could be unavailable, etc. Expect other possible setbacks especially with the COVID-19 pandemic, which makes process time longer than usual.
You will save time if you are assisted by an expert. Skip the long, tedious process by having your eCAR application processed by FILEDOCSPHIL. CLICK HERE for a free quote.
Questions? We got you. Ask more about eCAR application concerns here.
Apostille is a certification which serves as a proof that the public document is authentic. It is issued by the country where the document originated. Here in the Philippines, the Department of Foreign Affairs- Office of the Consular Affairs (DFA-OCA) can only authenticate documents originating here in the Philippines that will be used abroad.
Apostille confirms the authenticity of the signature or seal of the person that signed or sealed the document and the signing person’s capacity to do so.
Apostillization is done by the host government where the documents were issued. Thus, DFA can only Apostille documents issued in the Philippines, not foreign documents.
These are documents issued in the Philippines e.g. documents issued by the Philippine government and those notarized by a Philippine notary public.
Apostille certification is needed if you need to present or submit a document abroad.
DFA cannot Apostille documents that will be used in the Philippines.
Starting May 14, 2019, the DFA-OCA no longer issues Authentication Certificates (or “red ribbon”) and instead has begun issuing Apostille certificates for documents to be used abroad that are party to the Apostille Convention. Apostille has replaced the Red Ribbon way of authenticating a document.
Apostille is a faster and more convenient way of authentication. Apostille only requires two steps: (1) Certification by the relevant government agency or office; and (2) Authentication by the DFA. It no longer requires
the third step, the Legalization by the Embassy or Consulate of the country where the documents will be used, as long as the said country is a party to the Apostille Convention (also known as The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents).
The following countries accept Apostille certification from the Philippines:
Source:https://philembassy.org.nz/latest/advisory/countries-and-territories-where-phl-apostille-is-accepted
The list of all countries party to the Apostille are on this link: https://www.hcch.net/en/instruments/conventions/status-table/?cid=41
Apostille certification from the Philippines is not accepted in non-Apostille countries, and in the four Apostille countries that objected to the Philippine accession: Austria, Finland, Germany and Greece. This means that Legalization by the Embassy or Consulate of those countries is still required. To be sure, contact the Embassy or Consulate of the destination country and ask for their requirements so that the red ribbon can be issued instead of the Apostille Certificate.
The documentary requirements depend on the documents that will be submitted. You may check the requirements per document here: https://consular.dfa.gov.ph/services/authentication/authentication-requirements/requirements-of-documents-for-authentication
You may get your documents apostilled in the following DFA offices:
The payment for Apostille is Php 100.00 for Regular Processing, which is released after four working days, and Php 200.0 for Expedited Processing which is released the following business day. However, expedited processing is currently suspended because of the COVID-19 pandemic.
First: You need to set up an appointment with the DFA CO branch of your choice. Note that with the COVID-19 pandemics, DFA CO does not allow walk-ins. Go to to book an appointment in DFA Aseana, CO NCR Northeast, CO NCR West, CO NCR East, CO NCR South, CO Pampanga, CO Cebu, and CO Iloilo. For CO Davao, you must email davao.rco@dfa.gov.ph to book an appointment.
Second: Once your appointment is confirmed, you need to go to your chosen DFA branch. Fill out the Authentication Application Form, present your confirmed appointment letter to the Appointment Verification Counter, present your valid government-issued ID (original and photocopy), submit your documents, and pay at the cashier. Remember not to lose your official receipt.
Third: Send an email to your chosen DFA branch to set an appointment before claiming your Apostille. Wait for the email instructions and the scheduled date of release. Afterwards, go back to the said DFA branch to pick up your document. You need to present the official receipt along with your valid government-issued ID.
You can claim your Apostille within three months of the scheduled date of release. Unclaimed Apostilles will be disposed of after three months.
You may verify your Apostille certificate via this link: www.dfa.qov.ph/verify-apostille.
There is also a QR Code in the Apostille which you can easily scan for the verification link.
You may also avail of FILEDOCSPHIL services in obtaining your Apostille for a hassle free transaction. CLICK HERE for a free quote.
While you can do it manually, it will save you time if you are assisted by an expert. The following are usual setbacks that you may encounter if you do this on your own:
1. If you do not have proof of the Notarial Certification or an appointment with the Notary Public that notarized your document, it will be difficult for you to get your Certificate of Authority for a Notarial Act (CANA) from the Regional Trial Court. CANA is needed for the apostilization of your notarized documents
2. The DFA online Apostille application and appointment system is not always working. So, you will need to manually request for an appointment.
3. You will incur multiple trips to complete the application, e.g. CANA processing (payment and pick up) and Apostille processing (payment and pick up). You need to allot at least four days of leaves from your end. Not to mention that the documents could be unavailable when you try to pick them up. Your time is best utilized if you let FileDocsPhil assist you.
You may ask a representative in the Philippines to obtain your original documents. Your representative needs to sign the Special Power of Attorney (SPA) form. Ask for a signed copy of the SPA form so you can
have the SPA consularized at the Philippine Consular Office. Note that it is best to call the embassy first to get the list of required documents and the instructions on how to proceed.
After getting your Consularized SPA, send it back to your representative in the Philippines so he/she can now be authorized to obtain your original documents on your behalf.
We at FILEDOCSPHIL can help obtain your original documents. CLICK HERE for a free quote.
Sources:
There are instances where there is an error or mistake in the name of the owner reflected on the condominium title or land title. The usual errors are: missing middle name, incorrect middle name. In this case the owner of record whose name is reflected on the condominium title or land title or the heirs may petition the court for the correction of title under Section 108 of P.D. No. 1529, otherwise known as the Property Registration Decree, which provides that “no erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the Register of Deeds, except by order of the proper Court of First Instance.”
It is cautioned however, that the petition can only be granted if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest; otherwise the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs. (Tangunan et al. v. Republic of the Philippines, G.R. No. L-5545, December 29, 1953).
Here are the points to consider when correcting a land or condominium title:
A land title or condominium title can only be amended through a court order in a direct proceeding. A petition for amendment must be filed in the appropriate court.
The following are the valid grounds in filing for a petition for amendment:
Considering the difficulty and the expense involved in the correction of title, it is essential that your title transfer service provider is knowledgeable in the title transfer. Your title transfer service provider will ensure that your files and/or paperwork are not only complete but also correct. This means consistency in all your paperwork filed with the government, from deed of sale, certificate authorizing registration, to land title or condominium title and to your new tax declaration.
You need a Philippine lawyer in filing such a petition. Let FILEDOCSPHIL’s lawyers help you. CLICK HERE for a free quote.
Why should I upgrade to an e-Title?
With our government and their corresponding systems adapting to modern times, a new digitalized program is now available with regards to one’s land titles. The Land Registration Authority currently gives title owners the option to upgrade their physical titles to e-Titles. This raises the question on why you should upgrade your physical land title to an e-Title. Is it enough to just retain the physical copies of your land titles with you? Through the Land Registration Authority’s Computerized System, having an e-Title can give you quite a number of benefits, such as avoiding the risk of losing, tampering, or destroying of the hardcopies of the original titles. Moreover, it will safeguard the title owners from fake land titles or titles tampered with spurious information.
How do I get my e-Title?
An e-Title can only be issued through the process of the Land Registration Authority’s (LRA) Voluntary Title Standardization Program. In order for you to get your e-Title, you need to file a verified Petition for Voluntary Standardization of Certificate of Title.
What are the requirements on filing a Petition for Voluntary Standardization of Title?
LRA Circular No. 27-2011 provides the requirements for the said petition:
Here at FILEDOCSPHIL, a dependable team of lawyers and land experts can help you with your queries. Avail of FILEDOCSPHIL’s services in getting your e-Title. CLICK HERE for a free quote.
Partition is done (1) by an agreement between parties; or (2) by judicial proceedings.
Does partition apply to any type of property ownership?
Partition only applies if the property is co-owned, thus it happens when:
What happens after a partition?
After the partition, it makes each co-owners the exclusive owner of their respective shares.
I am a co-owner of a property and I want to get my share. What should I do?
A co-owner can demand partition at any time, but only to the extent of his/her share.
Do I need a surveyor in partitioning my property?
Partition of parcels of land involves survey plans so that the current metes and bounds may be cut up and divided accordingly. A surveyor thus needs to be hired to properly divide the land.
You must get a lawyer in order to guide you in the partition of your property. Let FILEDOCSPHIL’s lawyers help you. CLICK HERE for a free quote.
There are two documents that show proof that you are the registered owner of a property, and these are both issued by the Registry of Deeds (RD). First, is the owner’s title e.g. condominium title or land title, which is the copy that the owner personally has. Second, is the original copy of the land title or condominium, which will be kept at the Registry of Deeds. Unfortunately, there may come a time that an unforeseen circumstance may lead to the title of your property to be lost or destroyed.
Losing one’s condominium title or land has quite a number of disadvantages. As mentioned, a title to one’s property can be found in the Registry of Deeds (RD). Any person who has interest in one’s property can proceed to the Registry of Deeds and ask if one is the registered owner of the property or not. This is usually done by buyers of property, banks, and the like. However, if they cannot confirm that one is the registered owner of the property, the corresponding transaction, such as an investment or a sale, may no longer push through. It is thus important for one to have a title of his property- not just his own copy, but more importantly the copy of his title at the Registry of Deeds, available at all times.
A Petition for Reconstitution of Title restores the lost or destroyed title in the same form prior to the said loss/destruction. The registered owner, his assigns, or any person having an interest in the property can file for a petition for reconstitution of tile. A proper proceeding for this petition must be filed before the Regional Trial Court (RTC). A witness testimony will also be needed. The RTC will then order reconstitution, as long as it is based on meritorious grounds.
In filing this kind of petition, you will need the legal expertise of a competent lawyer. Let the highly-skilled lawyers of FILEDOCSPHIL’s help you. For more information about their services, CLICK HERE for a free quote.
A usufruct, as defined by Article 467 of the Civil Code, states that it is the “right to enjoy the property of others with the obligation to preserve its form and substance, unless the title of its constitution or the law authorizes otherwise”. In other words, an usufruct gives a person, the usufructuary, the right to enjoy the property that belongs to another. The usufructuary has the obligation to preserve said property (NCC Art. 562). Usufructs are created either (1) by law; (2) by will of private persons; or (3) by prescription (NCC Art. 563).
Yes. By law, parents have usufructuary rights over the child’s property this property can include a condominium or land. This ensures that parents who have transferred their condominium titles or land titles to their children can still have a place to stay and enjoy said property (FC Art. 226).
There are various ways in which a person can enter into an usufruct with another person. One way is that an usufruct can be agreed upon voluntarily by the will of private persons. Other ways are by way of a contract, donation, retention of the usufruct by the donor, last will and testament, and the like.
In essence, an usufruct is a contract, as one is allowed to the enjoyment of another’s property, provided that there is an obligation to preserve the property. Thus, a usufructuary agreement must be ensured. What is the purpose of a usufructuary agreement? A usufructuary agreement is needed to protect the rights of both parties and to prevent future disagreements concerning the property.
To ensure that your interests are protected, your usufructuary agreement must be registered or annotated in the condominium title or land title. This way, in case of sale or mortgage, the agreement shall be reflected on the title.
For all your title transfer needs and requirements, let the title transfer service provider expert from FILEDOCSPHIL help create a usufructuary agreement for you. To avail of FILEDOCPHIL’s services, CLICK HERE for a free quote.
When a person buys a property in the Philippines through financing and the condominium title or land title is used as a collateral, the interest of the lender, in the form of real estate mortgage, will need to be reflected on the condominium title or the land title. This is called annotation of the title. The real estate mortgage is annotated on the condominium title right after the title transfer has been completed. This way, the newly transferred title will have the mortgage annotated on the condominium or land title.
There are other interests of third parties that require annotation. This can be the master deed of restrictions which the developer annotates on all the condominium titles prior to the release of these titles to the unit owners. This can also cover extrajudicial settlement of estate under Rule 74 of the rules of court of the Philippines, in case the transfer is by death or hereditary succession. It can also be a long term lease whereby the lessor builds an improvement or building on the land, and the interest of the lessee is annotated on the land title to ensure that the lease agreement shall be protected during the duration of the long term lease.
Once these annotations are entered on the condominium title or land title, these will not be canceled despite the change in ownership of the property. Thus, these annotations must be canceled. For example, the mortgage, once fully paid, can be canceled by submitting the certificate of cancellation of mortgage with the Registry of Deeds. In the same way, once the lease contract has expired, this annotation on the land title can also be canceled before the Registry of Deeds. If these are not canceled, your potential buyer or lessor may not be keen on purchasing the condominium or leasing the property as there are other 3rd party interests that they may have to deal with.
In summary here is what you need to know about annotations:
An annotation in the title is considered as a constructive notice to third persons that a property is subject to a lien or an encumbrance. Voluntary annotation or the removal thereof may be done by requesting the Registry of Deeds to record a certain transaction concerning the property. For voluntary annotations, while there is no title transfer involved, the owner’s duplicate copy will need to be presented so that the annotation can be done and entered on the condominium title or land title of the owner.
Common annotations: mortgage, lease, easements, and Section 4, Rule 74 (transfer by succession or Extrajudicial Settlement), deed of assignment.
Unless this is an annotation under rule 74 (extrajudicial settlement or self adjudication) usually certificate authorizing registration or eCAR is not required. However, if there is any incomplete title transfer e.g. one of the sellers sold his interest in the property but not all of them agreed to sell, the certificate authorizing registration would be required as there are taxes that need to be paid.
If there are existing annotations during the transfer, such annotations are carried over on the new title issued to the owner. It will only be removed once the obligation concerning the property has been discharged, or once you have the complete requirements for its removal.
As a title transfer service provider in the Philippines, let FILEDOCSPHIL process the voluntary annotation or cancellation of annotation for you. CLICK HERE for a free quote.
Real Property Tax (RPT) is imposed on any real property by the Local Government Units (LGUs).
What are examples of real properties?
Article 415 of the Civil Code enumerates what are considered as real property or immovable property:
When can I pay the Real Property Tax? Are there discounts offered?
RPT must be paid every year, on January 1st to be exact. Some LGUs provide dates when you can pay the RPT payment without interest. In fact, some LGUs/city halls even give a huge discount to incentivize early payments of the RPT. Depending on the city/municipality, the discount can be as high as 20%, depending on how early you pay the RPT.
What happens when I do not pay my Real Property Tax?
Not paying the RPT will risk the property being marked as delinquent and subject to levy and public auction.
FILEDOCSPHIL can assist you in your annual payment of your Real Property Taxes to avoid penalties and delinquencies and to score huge discounts. CLICK HERE for a free quote.
Before we begin in defining what EJS is, we need to understand what an “”Estate”” is, and what it means to your family. An estate, in layman’s terms, is the aggregate assets left behind by the deceased. This can include real properties such as condominium title, land title, real properties such as car or motor vehicle, shares of stock, jewelries, paintings, etc.
In dividing the estate of the decedent between the heirs, a question that one may ask is, “Do I need to go to court to settle this?” To answer your query, there is a way provided by law wherein one does not need to go to court to settle the division of the estate. In an Extra Judicial Settlement (EJS), a settlement or division of estate can be made without the need to go to the court. According to Section 1, Rule 74 of the Rules of Court, the law provides that an extrajudicial settlement may be validly executed, as long as all the four conditions are present: [1]
In executing an Extra Judicial Settlement (EJS), the consent of all the heirs are needed. You must also have the EJS document notarized. After getting your EJS notarization, it is necessary to process the electronic Certificate Authorizing Registration (eCAR) in the Philippines with the Bureau of Internal Revenue (BIR) and to thereafter pay the transfer taxes. After which, you may then proceed to the Registry of Deeds to have the current condominium title or land title transferred under the name of the heirs. Further, if there are shares of stock, particularly not-traded in the the Philippine stock exchange, left behind by the deceased the heirs must also secure an eCAR to properly transfer the said shares of stock to the heirs.
At FILEDOCSPHIL, we have reliable lawyers who can assist you in making your Extra Judicial Settlement Agreements. As a title transfer provider, we can assist you in the title transfer. We can also assist you in the transfer of shares. To learn more about the services that are being offered at FILEDOCSPHIL, CLICK HERE for a free quote.
A Tax Declaration shows the assessed and fair market values of the property which serves as the basis for the Real Property Tax assessed by a particular city or municipality in the Phiippines.
This is a document issued by the City or municipality’s assessor’s office.
The Owner’s Copy of a tax declaration is issued upon the completion of title transfer or registration of transfer of ownership of real property from the previous owner to a new owner as evidenced by a new land title or condominium title, or upon declaration of new building or improvement and machinery. Under existing laws, it is the duty of all persons acquiring property to declare the same with the City Assessor’s Office within a period of sixty (60) days from the issuance of its Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT). Tax Declaration can also be issued for other transactions such as:
After buying a property in the Philippines with the title transfer being completed and the title issued under the buyers name it is not enough that land title or condominium title is under the name of the buyer. The tax declaration must also be under the name of the buyer.
After having the title transfer completed, with the land title or condominium title of a property transferred to your name, it is important that the Tax Declaration of the previous property owner must be cancelled and a new one be issued under your name. The usual documents to be presented for the cancellation of the old title and the issuance of new title are as follows:
Transfer Certificate of Title (land title) or Condominium Certificate of Title (Condominium title). Present original or authenticated copy from Registry of Deeds the Certified true copy of previous Transfer Certificate of Title or Condominium Certificate of Title
Basis of title of transfer- particularly Deed of Conveyance (Secretary Certificate is required, if seller is a corporation). E.g.
In case the foregoing documents are no longer available, you may submit: to the registry of deeds a Notarized Affidavit of Loss
Your title transfer service provider should assist you not only up to the issuance of a new condominium title or land title but up to the issuance of a tax declaration under your name.
As a title transfer service provider, FILEDOCSPHIL can help process your property’s Tax Declaration. CLICK HERE for a free quote.
Are you looking for a way to verify the authenticity of your condominium titles or land title? There are a number of places that you can consider looking into for you to be able to verify if your condominium titles or land titles are authentic. The first place that you can consider when verifying for the authenticity of property titles is the Registry of Deeds. Make sure that the office that you are going to is where your property is situated. Another way that you can do verification is by going to the Land Registration Authority. If you want to trace the history of your property, you can go to this office, as they are in charge of issuing various kinds of titles. You may also proceed to the Assessor’s Office. The Assessor’s office can assist you in providing a more detailed description of your property. You may also look into other offices that can provide you with assistance as well, such as the Bases Conversion and Development Authority, Department of Environment and Natural Resources, Housing and Land Use Regulatory Board, and the National Housing Authority.
In buying a property, be a wise purchaser by doing the following:
First, verify the authenticity of the condominium Title or land title with the Registry of Deeds. You may do so by securing the Certified True Copy of such title (it is a blue copy on security paper);
Second, make sure that the land area and the location indicated on the title are both accurate. You may need the services of a surveyor for this purpose;
Third, traceback the ownership history and check if the registered name on the condominium title or land title is the same as that in the tax declarations and other pertinent documents;
Consider also checking if all the taxes are paid. This is by checking the electronic Certificate Authorizing Registration or eCAR;
Lastly, check if the property you are buying is free from any legal impediments such as mortgages, liens and other encumbrances;
To ensure proper condominium title or land title verification, consult with the a title transfer service provider here at FILEDOCSPHIL. Learn more about the services being offered by FILEDOCSPH. CLICK HERE for a free quote.
A Certificate of Title is the main evidence of ownership. It is thus important that a Certificate of Title should be issued to the new owner after a transfer of a particular real property or real estate, either by means of a sale, inheritance, or donation. This can be a condominium certificate of title (CCT) for condominium titles in the Philippines, or an Original Certificate of title or Transfer Certificate of Title, if land.
Without the condominium title or land title, the owner has no incontestable proof of ownership. This will subject the new owner to exposures such as double sale or annotation of lien on the condominium title without the consent of the new owner.
The general process of title transfer registration requires, among others, the presentation of the previous owner’s duplicate title, payment of fees and taxes (such as the Capital Gains Tax, Documentary Stamp Tax, and real estate tax), processing of electronic Certificate Authorizing Registration (eCAR), and cancellation and issuance of a new title bearing the new owner’s name.
Title transfer, when done alone, can be a very tedious and long process. The entire process might take around five months, or longer, as this will highly depend on the availability of your documents and other circumstances. You have to allot time and money in the preparation and processing of the necessary requirements from various agencies, the payment of various fees and taxes in different offices, and the submission of the complete documents with the Register of Deeds.
Getting assisted by an expert title transfer service provider in the Philippines will save you time and money. Prevent the stress and hassle of tedious title transfer by letting FILEDOCSPHIL help you. To know more about the various services that they offer, CLICK HERE for a free quote.
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