Transfer from Landowner to Republic of the Philippines (RP)
- Title issuance to RP by Register of Deeds requires:
- With Deed of Transfer (DOT): notarized DOT, owner’s duplicate copy of title, and current realty tax clearance.
- Without DOT: DAR’s formal request, certification from Land Bank of the Philippines (LBP) of full payment or reservation of compensation.
Registration of CLOA
- For titled lands: transmittal letter from Provincial Agrarian Reform Officer (PARO), original and owner’s duplicate of CLOA, and owner's duplicate copy of RP title.
- For untitled government/public lands: additional DOT or Memorandum of Agreement (MOA) between concerned agencies and DAR pursuant to executive orders.
- For untitled private lands: certification from LBP regarding compensation payment or reservation.
Registration of CLOAs from Landed Estates and Settlements
- Requires transmittal letter from PARO and original and owner’s duplicate copy of CLOA.
Registration of Emancipation Patents (EPs)
- Requires transmittal letter from PARO and original and owner’s duplicate copy of the EP plus a carbon copy.
Lands Transferred to DAR by Government Financial Institutions (GFIs)
- Governed by an MOA involving LRA, DAR, LBP, BIR, and GFIs.
- Register of Deeds to accept affidavits of consolidation, owner’s duplicate certificate of title, DOT, and CLOA copies.
- Submission of approved subdivision plans and technical descriptions as necessary.
Provisional Registration for Lost/Destroyed Titles
- Provisional registration allowed upon court or administrative application for title reconstitution.
- EPs/CLOAs given entry number and noted as provisional without signature.
- Temporary numbering system implemented with a Provisional Registration Book.
- Original copies retained by registry; duplicates released to authorized DAR representatives.
- Index cards created for cross-referencing temporary and actual title numbers.
- Registration completed upon reconstitution without re-entry of instruments.
Registration Procedures When Signatory is Not Registered Owner
- Heirs (extrajudicial or judicial settlement) must provide relevant court orders, affidavits, clearances, and tax documents.
- Attorneys-in-fact require Special Power of Attorney, authenticated if executed abroad.
- Guardians/Executors/Administrators require court approvals and certificates depending on property value and relationship.
- Mortgagees need affidavits, tax clearances, and corporate authorizations or certification.
- Prevailing parties in court cases require court decisions, certificates of finality, and surrender of title duplicates.
- Transferees (donee, vendee, assignee, exchange) must submit deeds, proof of tax payment, latest tax declarations, and owner’s duplicate certificate of title.
- Such transactions treated as ordinary, entered in Regular Primary Entry Book, and subject to registration fees.
Requirements for Corporations or Partnerships as Landowners
- Submission of SEC-certified Articles of Incorporation and By-laws.
- Board or Secretary’s certificate authorizing property disposition and document signing.
- DOT executed by partner on behalf of partnership.
Liens and Encumbrances Procedures
- Mortgages require release or discharge documentation.
- Lis pendens must be supported by verified petition and court order.
- Adverse claims handled through petition or court order depending on 30-day lapse.
- Attachments/executions require court or creditor documents lifting liens.
- Two-year liens require sworn petitions stating claim lapse.
- Reconstituted titles require court cancellation decisions.
- Cadastral survey costs proven by official receipts.
- Usufructuary rights, easements, servitudes, and leases require court orders or public documents for termination.
- Tax liens need notices lifting liens.
- Attorney liens enforced by court order.
- Encumbrances carried over to EPs/CLOAs unless cancellation instruments are presented.
Tax and Fee Exemptions for CARP Transactions
- Transfers under CARP exempt from capital gains tax, registration fees, and other conveyance taxes.
- Arrearages in real property taxes deductible from owner’s compensation without penalties or interest.
Repeal and Amendment Clause
- All inconsistent Circulars, Memoranda, Agreements, and Orders repealed or amended accordingly.
- Circular adopted in June 1993, signed by relevant officials.
Supporting Memorandum and Certification Forms
- CARP Form No. 16: Memorandum requesting issuance of transfer certificate of title to the RP with detailed land and acquisition data.
- CARP Form No. 15: Certification by LBP verifying full payment or reservation of compensation for the land covered by specified legal instruments.