Scope, coverage, and responsible offices
- The Register of Deeds must follow the Circular’s document and procedure requirements for CARP transaction registration involving EPs and CLOAs.
- The Circular covers CARP registration transactions concerning transfers involving the Landowner to the Republic of the Philippines (RP).
- The Circular covers registration of CLOAs, including those for titled lands, untitled government and public lands, and untitled private lands.
- The Circular covers registration of CLOAs derived from landed estates and settlements.
- The Circular covers registration of Emancipation Patents (EPs).
- The Circular covers CARP registration in special transaction situations, including lost or destroyed titles, signatories acting as heirs/attorneys-in-fact/guardians/executors/administrators, and landowner entities as corporations or partnerships.
- The Circular covers how liens and encumbrances are carried over when registering EPs/CLOAs.
Registration rules: landowner to the RP
- The Register of Deeds shall issue title to the Republic of the Philippines (RP) upon presentation of the following when there is a Deed of Transfer (DOT):
- A Deed of Transfer duly notarized.
- The owner’s duplicate copy of title.
- Realty Tax Clearance under Section 209-B, RA 7160 (Local Government Code of 1991).
- The Register of Deeds shall issue title to the RP upon presentation of the following when there is no DOT:
- A request of the Department of Agrarian Reform (DAR) to the Register of Deeds for transfer of the title to the RP using the Revised CARP form No. 16, Annex A.
- A certification that the Land Bank of the Philippines (LBP) has fully paid/reserved the compensation for the land using Revised CARP Form No. 15, Annex B.
Registration of CLOAs
- For titled lands, the Register of Deeds must require:
- A transmittal letter of the Provincial Agrarian Reform Officer (PARO).
- Original and owner’s duplicate copy of the CLOA.
- Owner’s duplicate copy of the RP title.
- For untitled government and public lands, the Register of Deeds must require:
- A transmittal letter of the PARO.
- Original and owner’s duplicate copy of the CLOA.
- A DOT or MOA between government agencies and DAR relative to 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, the Register of Deeds must require:
- A transmittal letter of the PARO.
- Original and owner’s duplicate copy of the CLOA.
- A certification that the LBP has fully paid/reserved the compensation for the land using Revised CARP Form No. 15, Annex A-B.
- For CLOAs derived from landed estates and settlements, the Register of Deeds must require:
- A transmittal letter of the PARO.
- Original and owner’s duplicate copy of the CLOA.
Registration of EPs and special documents
- For Emancipation Patents (EPs), the Register of Deeds must require:
- A transmittal letter of the PARO.
- The original and owner’s copy of the EP together with one carbon copy thereof.
- When applicable, for items under the procedures for Landowner to RP and CLOA/EP registrations, the Register of Deeds requires submission of:
- Two (2) print copies of the approved segregation/subdivision plan authenticated by DENR/LMS together with the technical description.
- Lands transferred to DAR by Government Financial Institutions (GFIs) must be governed by the Memorandum of Agreement (MOA) dated August 28, 1992 entered into among LRA, DAR, LBP, BIR, and GFIs.
- For those GFI transfers, the Register of Deeds shall accept and register the following documents:
- An Affidavit of consolidation.
- Owner’s duplicate certificate of title.
- Deed of Transfer.
- Original and owner’s duplicate copy of CLOA.
Provisional registration and transaction-specific requirements
- EPs and CLOAs may receive provisional registration for lost or destroyed certificates of title (Registry File) when proof is presented that:
- The landowner or DAR has filed an application/petition for judicial or administrative reconstitution; and
- Proof is shown via 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 the EPs and CLOAs for provisional registration, the Register of Deeds must:
- Give the EP/CLOA an entry number and enter it in the Primary Entry Book for CARP transaction.
- Ensure the EP/CLOA is not signed and carries the required certification:
- “THIS IS TO CERTIFY THAT THIS EP/CLOA HAS BEEN ENTERED IN THE PRIMARY ENTRY BOOK FOR EPs/CLOAs AND SHALL BE SIGNED AFTER THE RECONSTITUTION OF THE ORIGINAL COPY OF THE TITLE INVOLVED.”
- Indorse the EP/CLOA at the back and sign it.
- The Register of Deeds must assign temporary numbers and maintain a Provisional Registration Book containing 400 titles:
- The first volume starts with temporary number 1.
- The second volume starts with temporary number 401.
- Additional volumes continue sequentially.
- For provisional registration:
- The original EP/CLOA remains in the registry.
- The owner’s copy of the EP/CLOA is released to the duly authorized representative of DAR for distribution to farmer beneficiaries.
- The Register of Deeds prepares an index card per title subject of provisional registration showing the actual title number and the temporary number, arranged numerically by actual title number.
- After the certificate of title is duly reconstituted, registration may be completed without re-entering the instrument; the original entry number reflected in the Primary book must be used.
- Provisional registration materials exclusive for CARP transactions must be prepared, including the Provisional Registration Book and index cards.
Documents for signatories, entities, and liens
- When the signatory to the DOT or conveyance is someone other than the registered owner, the following additional documentary requirements apply:
- Heir (extrajudicial settlement): requires Deed of Extrajudicial Partition, Estate Tax Clearance, Affidavit of Publication and/or a copy of each week’s newspaper issue where publication appeared, Transfer Tax, and Realty Tax Clearance plus the Latest Tax Declaration.
- Heir (judicial settlement—pending): requires court authority/approval to sell/dispose, Letter of administration, and oath of office of the administrator.
- Heir (judicial settlement—terminated): requires court order approving settlement, Certificate of Finality, Estate tax clearance, Realty tax clearance, and the Latest tax declaration.
- Attorney-in-fact: requires a Special Power of Attorney (SPA) executed by the absentee in favor of the signatory; if executed abroad, it must be authenticated by the Philippine Consul.
- Guardian/Executor/Administrator of minor or incapacitated person:
- If by the father and/or mother where the property is P50,000.00 or less: requires court approval of disposition and Certificate of finality.
- If by the father and/or mother where the property is worth more than P50,000.00: requires court approval of bond, court approval of DOT, and Certificate of finality.
- If by persons other than parents: requires judicial appointment as guardian, court approval of DOT, and Certificate of finality.
- Mortgage:
- If by a private corporation or partnership: requires Affidavit of consolidation, Capital gains tax, Documentary stamp, Transfer tax, Realty tax clearance, Latest tax declaration, authenticated Articles of Incorporation and by-laws with SEC certificate of registration, and an authenticated Board Resolution or Secretary’s certificate (duly notarized) appointing the person to dispose and sign transfer documents.
- If by a private person: requires Affidavit of consolidation, Transfer tax, Realty tax clearance, and Latest tax declaration.
- Prevailing party in a court case:
- For annulment/rescission/reconveyance/specific performance: requires court decision, Certificate of finality, and surrender of owner’s duplicate/order nullifying the owner’s copy.
- For money judgment: requires sheriff’s final deed of sale and surrender of owner’s duplicate/order nullifying the owner’s copy.
- A transferee:
- DONEE: deed of donation, proof of payment of donor’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.
- Transactions under CARP involving the transfer of ownership treated under the signatory situations described must be entered in the Regular Primary Entry Book and are subject to payment of registration fees.
- In other instances not covered by the signatory situations:
- The Register of Deeds requires a deed or instrument evidencing ownership and examines registrability; if registrable, other requirements for registration of the conveyance/transfer must be required, including tax-related requirements such as transfer tax and capital gains tax where applicable.
- When the landowner is a corporation or partnership, the Register of Deeds must require:
- For both: authenticated copies of Articles of Incorporation and By-Laws with SEC certificate of registration.
- For a corporation: a Board Resolution authenticated or a proper Secretary’s certificate duly notarized appointing the person to dispose and sign land transfer documents.
- For a partnership: a DOT executed by a partner in the name of the partnership.
- The Register of Deeds carries liens/encumbrances over to the EP/