Title
Guidelines for CARP Transaction Registration
Law
Lra Circular No. 54
Decision Date
Jun 9, 1993
Revised guidelines streamline the registration process for Emancipation Patents and Certificates of Land Ownership Award under the Comprehensive Agrarian Reform Program, ensuring uniformity and expediting land title distribution to agrarian reform beneficiaries.
agrarian reform
land registration
land title

Legal purpose and administrative intent

  • The circular is issued to ensure uniformity in the procedure of registering EPs and CLOAs in Registries of Deeds nationwide.
  • The circular implements a thrust to hasten registration of CARP transactions to enhance distribution of Land Titles to millions of Agrarian Reform beneficiaries.
  • The circular establishes specific documentary and procedural requirements for Registries of Deeds to accept and register CARP-related instruments.
  • The circular governs how Registries of Deeds process CARP registrations in various situations, including transfers to the Republic of the Philippines, registration of CLOAs and EPs, and provisional registration where titles are lost or destroyed.

Authority, legal basis, and references

  • The circular is issued by the Land Registration Authority (LRA) and is directed to the Register of Deeds.
  • RA 6657 (Comprehensive Agrarian Reform Law) is expressly referenced for title issuance and tax and fee exemptions.
  • RA 7160 (Local Government Code of 1991) is expressly referenced through Section 209-B for Realty Tax Clearance.
  • PD 1529 is expressly referenced through Section 77 on notice of lis pendens.
  • RA 26 is expressly referenced through Section 7 on cancellation after lapse of two (2) years for reconstituted office titles.
  • Rules of Court are expressly referenced through Section 4, Rule 74 on two (2) years lien.
  • DENR authentication requirements are expressly referenced for segregation/subdivision plans.
  • DAR Administrative Order No. 1, series of 1993 and LRA Circular No. 29 dated October 1, 1990 are expressly referenced in the CARP Form No. 16 annex.

Who submits and what Registries of Deeds do

  • The Register of Deeds issues a title to the Republic of the Philippines (RP) when the required documents are presented.
  • The Provincial Agrarian Reform Officer (PARO) transmits documents for CLOA and EP registration through a required transmittal letter.
  • The Land Bank of the Philippines (LBP) certification of full payment or reservation of compensation is required for specified transfers and CLOA registrations.
  • The Department of Agrarian Reform (DAR) issues a required request where there is no Deed of Transfer (DOT) for transfer to the RP.
  • Registries of Deeds must accept documents for CARP registrations involving Government Financial Institutions (GFIs) under a specified Memorandum of Agreement (MOA) among designated agencies.
  • The Register of Deeds handles provisional registration procedures, primary entry book entries, and temporary numbering where reconstitution is pending.

Transfers to the Republic of the Philippines (RP)

  • The Register of Deeds shall issue title to the RP upon presentation of documents under item I.
  • Where there is a Deed of Transfer (DOT), the required documents are (a) DOT duly notarized, (b) Owner’s Duplicate Copy of Title, and (c) Realty Tax Clearance (under Section 209-B, RA 7160).
  • Where there is no DOT, the required documents are (a) a Request of the Department of Agrarian Reform (DAR) to the Register of Deeds for transfer of the title to the RP, using the attached revised CARP Form No. 16, Annex A, and (b) Certification that the Land Bank of the Philippines (LBP) has fully paid/reserved the compensation for the land using the attached revised CARP Form No. 15, Annex B.
  • The circular’s CARP Form No. 16 memorializes that the DAR requests issuance of Transfer Certificate of Title in the name of the Republic of the Philippines in accordance with Section 16 of RA 6657.

Registration of CLOA and related instruments

  • CLOA registration requires a transmittal letter of the PARO, an original and owner’s duplicate copy of the CLOA, and an owner’s duplicate copy of the RP title for titled lands.
  • For untitled government and public lands, CLOA registration requires a transmittal letter of the PARO, the original and owner’s duplicate CLOA, and a DOT or MOA between the agencies concerned and DAR for transfer of untitled government lands to DAR pursuant to EO 407, s. 1990 as amended by EO 448, s. 1991 and EO 506, s. 1992.
  • For untitled private lands, CLOA registration requires a transmittal letter of the PARO, the original and owner’s duplicate CLOA, and a Certification that the LBP has fully paid/reserved the compensation for the land using revised CARP Form No. 15, Annex A-B.
  • CLOAs derived from landed estates and settlements require a transmittal letter of the PARO and the original and owner’s duplicate copy of the CLOA.
  • Wherever applicable under items no. I, II, III, IV, and V, two (2) print copies of the approved segregation/subdivision plan authenticated by DENR/LMS together with technical description must be submitted for registration.
  • Registration of Emancipation Patents (EPs) requires a transmittal letter of the PARO and the original and owner’s copy of the EP together with one carbon copy thereof.

CARP registrations involving GFIs transfers

  • Lands transferred to the Department of Agrarian Reform (DAR) by Government Financial Institutions (GFIs) are governed by the Memorandum of Agreement (MOA) dated August 28, 1992 entered into by and among LRA, DAR, LBP, BIR and GFIs.
  • For such GFI-related transfers, the Register of Deeds shall accept and register the following documents:
    • Affidavit of consolidation
    • Owner’s Duplicate Certificate of Title
    • Deed of Transfer
    • Original and Owner’s Duplicate Copy of CLOA
  • The same segregation/subdivision plan submission rule applies when applicable under items no. I, II, III, IV, and V.

Provisional registration when title is lost or destroyed

  • EPs and CLOAs are allowed provisional registration for lost or destroyed certificates of title (Registry File).
  • Provisional registration requires proof that an application or petition has been filed by the landowner or DAR for judicial or administrative reconstitution of the certificate of title subject of the transaction, including:
    • a copy of the petition duly received by the court; or
    • a copy of the application duly received by the Register of Deeds concerned.
  • Upon receipt of EPs and CLOAs, the instruments must be:
    • given an entry number; and
    • entered in the Primary Entry Book for CARP transaction.
  • The EP and CLOA must not be signed, but must carry the certification stating that the EP/CLOA has been entered in the Primary Entry Book and shall be signed after reconstitution of the original copy of the title involved.
  • The EP/CLOA must be endorsed at the back and signed by the Register of Deeds concerned, while the original and owner’s copy are assigned a temporary number replaced after approval of the reconstitution petition.
  • The Register of Deeds must maintain a Provisional Registration Book containing 400 titles per volume, with numbering starting at temporary number 1 for the first volume and temporary number 401 for the second volume, and so on.
  • The Register of Deeds must retain the original copy in the registry and release the owner’s copy to the duly authorized representative of DAR for distribution to farmer beneficiaries.
  • The Register of Deeds must prepare an index card for each title subject of provisional registration showing the actual title number and the temporary number, with cards arranged numerically by the actual title number.
  • After the certificate of title is reconstituted, registration is completed using the original entry number from the Primary book without re-entering the instrument.
  • The circular requires Provisional Registration Book and Index Cards exclusive for CARP transactions.

When the DOT signatory is not the registered owner

  • Transactions where the signatory to the DOT or conveyance is one other than the registered owner follow the listed documentary requirements under item VI-B.
  • Heir (extrajudicial settlement) requires: Deed of Extrajudicial Partition, Estate Tax Clearance, Affidavit of Publication and/or a copy of each week’s issue of the newspaper where publication appeared, Transfer Tax, Realty Tax Clearance, and Latest Tax Declaration.
  • Heir (judicial settlement pending) requires: Court authority or approval to sell/dispose of the property and Letter of administration and Oath of Office of the Administrator of the property.
  • Heir (judicial settlement terminated) requires: Court order approving settlement of estate, Certificate of Finality, Estate tax clearance, Realty tax clearance, and Latest tax declaration.
  • Attorney-in-fact requires a Special Power of Attorney (SPA) executed by absentee in favor of the signatory, and if executed abroad, authentication by the Philippine Consul.
  • Guardian/Executor/Administrator of minor or incapacitated person requires:
    • For disposition by father and/or mother where property is P50,000 or less: Court approval of disposition and Certificate of finality.
    • For disposition by father and/or mother where property is worth more than P50,000.00: Court approval of bond, Court approval of DOT, and Certificate of finality.
    • For disposition by persons other than parents: Judicial appointment as guardian, Court approval of DOT, and Certificate of finality.
  • Mortgagee documentation depends on whether the mortgagee is a private corporation or partnership or a private person:
    • For private corporation/partnership: Affidavit of consolidation, Capital gains tax, Documentary stamp, Transfer tax, Realty tax clearance, Latest tax declaration, and authenticated Articles of Incorporation and by-laws with SEC certificate of registration, plus an authenticated Board Resolution or Secretary’s certificate duly notarized appointing a person to dispose and sign the land transfer documents.
    • For private person: Affidavit of consolidation, Transfer tax, Realty tax clearance, and Latest tax declaration.
  • Prevailing party in a court case documentation depends on the case outcome:
    • For annulment/rescission/reconveyance/specific performance: Court decision, Certificate of finality, and Surrender of owner’s duplicate/order nullifying owner’s copy.
    • For money judgment: Sheriff’s Final Deed of Sale and Surrender of owner’s duplicate/order nullifying owner’s copy.
  • Transferee requirements vary by transaction type:
    • DONEE: Deed of Donation, proof of payment of donee’s tax, owner’s duplicate certificate of title, Latest tax declaration, proof of payment of real property taxes, and Transfer tax.
    • VENDEE: Deed of sale or deed of conveyance, proof of payment of capital gains tax, Documentary stamp tax, proof of payment of real property taxes, Transfer tax, and owner’s duplicate certificate of title.
    • ASSIGNEE: Deed of assignment, proof of payment of capital gains tax, Documentary stamp tax, proof of payment of real property taxes, Transfer tax, and Latest tax declaration and owner’s duplicate certificate of title.
    • DEED OF EXCHANGE: Deed of Exchange, owner’s duplicate certificate of title of all titles subject of exchange, proof of payment of capital gains tax, Documentary stamp tax, proof of payment of real property taxes, Transfer tax, and Latest tax declaration.

Ordinary transaction entry and examination of registrability

  • The transactions under item VI-B, nos. 1-6 are treated as ordinary transactions and must be entered in the Regular Primary Entry Book and are subject to payment of registration fees.
  • For situations not covered under item VI-B, the deed of instrument evidencing ownership must be required.
  • The Register of Deeds must examine whether the instrument is registrable, and if registrable, must require other registration requirements for the conveyance or transfer, including transfer tax and capital gains tax, when applicable.

Corporation or partnership landowner requirements

  • Where the landowner is a corporation or partnership, the Register of Deeds requires:
    • authenticated copies of the ARTICLES OF INCORPORATION AND BY-LAWS of the corporation or partnership with Certificate of Registration from the Securities and Exchange Commission (SEC);
    • a BOARD RESOLUTION, authenticated for corporations or through an appropriate secretary’s certificate duly notarized, appointing a person to dispose of the subject property and sign land transfer documents;
    • for partnerships, a DOT executed by a partner in the name of the partnership.

Liens, encumbrances, and how they carry over

  • Mortgages and other interests require specified documents for registration processes under item VIII.
  • For mortgages with private person(s)/bank(s)/other financial institution(s), registration requires a Release or Discharge of Mortgage.
  • For notice of lis pendens (Sec. 77, PD 1529):
    • before final judgment: a verified petition by the party who caused its registration, or an order of the court; and
    • after final judgment: certification of the Clerk of Court stating the manner of disposal—either in favor of defendant or other disposition terminating finally all rights of the plaintiff.
  • For adverse claim:
    • after lapse of thirty (30) days: verified petition to the Register of Deeds by the party in interest;
    • before lapse of thirty (30) days: court order presented by any party in interest, or sworn petition before the Register of Deeds by the claimant withdrawing the claim.
  • For attachment/execution:
    • cancellation of attachment or levy requires a certificate issued by the Clerk of Court or judge under its seal of entry of order dissolving/cancelling attachment/levy, or a public instrument executed by the attaching creditor lifting attachment or levy.
  • For the two (2) years lien (Section 4, Rule 74 of the Rules of Court), cancellation requires a sworn petition presented to the Register of Deeds stating that two (2) years has elapsed without any heir filing a claim over the property.
  • For reconstituted office titles (Sec. 7, RA 26):
    • before lapse of two (2) years: court decision ordering cancellation; and
    • after lapse of two (2) years: court decision ordering cancellation.
  • For cadastral survey cost (first lien), proof requires an official receipt of payment issued by DENR or the local treasurer.
  • For usufructuary right/easement/servitude, cancellation requires a court order terminating the usufruct/easement/servitude.
  • For lease:
    • before expiration: a public document executed by lessor and lessee to cancel or discharge the lease, or a court order; and
    • after expiration: a public document executed by the lessee to cancel or discharge the lease, or a court order.
  • For tax liens, registration requires notice lifting tax liens.
  • For attorney lien/money claims, registration requires an order of the Court.
  • In all cases under item VIII, A to K, the liens or encumbrances must be carried over to the EP/CLOA presented for registration unless the appropriate instrument for cancellation is likewise presented.

Tax and registration fee exemptions under CARP

  • Transactions under CARP involving transfer of ownership from either a natural or juridical person are exempt from taxes arising from capital gains.
  • These CARP ownership transfer transactions are exempt from payment of registration fees and other taxes and fees for the conveyance or transfer of the property.
  • The circular requires deduction of all arrearages in real property taxes, without penalty or interest, from the compensation to which the owner is entitled, referencing Sec. 66, RA 6657.

Repeal of inconsistent issuances

  • All Circulars, Memoranda, Agreements, and Orders inconsistent with LRA Circular No. 54 are repealed or amended accordingly.

Annex A: CARP Form No. 16 rules

  • CARP Form No. 16 is a Memorandum requesting the Register of Deeds to issue Transfer Certificate of Title in the name of the Republic of the Philippines.
  • The form references agricultural land subjected to Voluntary Offer to Sell (VOS)/Compulsory Acquisition (CA) pursuant to RA 6657 and includes fields for OCT/TCT No., Tax Dec. No., area/title (ha), area acquired (ha), and location (barangay, municipality, province).
  • The form identifies circumstances under which the landowner rejected or failed to comply with LBP valuation notice timing of thirty (30) days.
  • The form states that the LBP opened a Trust Account in favor of the landowner upon request of the office.
  • The form transmits a Certification from LBP and a copy of the segregation/subdivision plan with technical descriptions approved by DENR, where property is partially covered by CARP.
  • The request is made in accordance with Section 16 of RA 6657.

Annex B: CARP Form No. 15 certification content

  • CARP Form No. 15 is a Claim No. certification issued by the Land Bank of the Philippines.
  • The certification states that LBP fully paid/served a specified sum in cash and in LBP bonds as compensation for a specified number of hectares.
  • The certification is issued for parcels covered by specified OCT/TCT No./s in specified names of owner/s and states the legal basis under one of the listed items: P.D. 27, E.O. 228, R.A. 6657, E.O. 229.
  • The certification is issued in accordance with LRA Circular No. ________ dated _________________.
  • The form includes execution blanks for the Done date and place, and signature by an LBP Authorized Representative.

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