Question & AnswerQ&A (LRA CIRCULAR NO. 54)
For titled lands, the documents required include the Transmittal letter of the Provincial Agrarian Reform Officer (PARO), the Original and Owner's Duplicate copy of the CLOA, and the Owner's Duplicate copy of the Republic of the Philippines Title.
Emancipation Patents (EP) require a Transmittal letter from the Provincial Agrarian Reform Officer (PARO), the Original and Owner's Duplicate copy of the EP, along with one carbon copy for registration.
Provisional registration is allowed upon submission of proof that an application or petition for judicial or administrative reconstitution of the certificate of title has been filed, such as a copy of the petition received by the court or application received by the Register of Deeds. The EP/CLOA shall be entered in a Provisional Registration Book with a temporary number until reconstitution is approved.
Depending on the signatory's status, documents such as Deed of Extrajudicial Partition, Estate Tax Clearance, Court orders, Letters of Administration, Special Power of Attorney, Board Resolutions, court approvals, and other proof of authority must be submitted to establish legal capacity to transfer ownership.
Liens and encumbrances such as mortgages, lis pendens, adverse claims, attachments, and tax liens must have appropriate cancellation or lifting instruments presented. These liens are carried over to the EP/CLOA unless properly cancelled by the required documents.
No, these transactions are exempted from capital gains tax, registration fees, and other taxes and fees related to the conveyance or transfer. However, arrearages in real property taxes without penalties or interest shall be deducted from the compensation due to the landowner.
Authenticated copies of the Articles of Incorporation and By-Laws with the SEC Certificate of Registration, Board Resolution or Secretary's Certificate appointing a person to dispose of the property and sign transfer documents, and for partnerships, a Deed of Transfer executed by a partner in the partnership's name.
The LBP certifies that compensation for the land has been fully paid or reserved, issues a certification (CARP Form No. 15), and may open a Trust Account for the landowner when payments or submissions are pending, facilitating transfer of titles to the Republic of the Philippines.
For annulment or rescission, court decisions with certificates of finality and surrender or nullification of owner's copies are required. For money judgments, Sheriff's Final Deed of Sale and surrender or nullification of owner's duplicate certificates are necessary for registration.