A practical legal article for buyers, sellers, and practitioners

For general information only. Philippine property and tax rules can vary by location and by the facts of your transaction. For high-value transfers, disputes, or estate situations, get tailored professional advice.

1) The core idea: a notarized Deed of Sale is not the finish line

In the Philippines, a notarized Deed of Sale is a public instrument. That gives it strong evidentiary weight and makes the sale easier to prove. But whether it is “proof of ownership” depends on what kind of property you bought and what system governs ownership of that property.

The short rule (that causes most confusion)

Between buyer and seller: a valid sale (even in a private document) can transfer ownership as between the parties, depending on delivery and what was sold.
Against third persons / the world: for many properties—especially registered real property (Torrens title)—you only become the legally recognized owner in the public registry once the transfer is properly registered and the proper government offices recognize the change.

So a notarized Deed of Sale is usually the basis for transfer, not the final proof.

2) What counts as “proof of ownership” depends on the asset

A. Real property (land, house, condo unit)

1) If the property is Torrens titled (most urban lots, many rural):

Your best proof of ownership is the new Certificate of Title issued in your name:

TCT (Transfer Certificate of Title) for land/house and lot
CCT (Condominium Certificate of Title) for condominium units

Key point: In Torrens property, the title is the controlling evidence of ownership. A deed is not enough to “perfect” your ownership in the registry.

2) If the property is untitled (tax-declared land, ancestral land issues, public land claims):

Your “proof” is rarely one document. It is a bundle of evidence, like:

Deed of Sale
Tax Declaration + tax receipts
Survey plans, barangay/municipal records
Proof of possession and boundaries
Other documents showing a chain of transfers

Important: A tax declaration is not a title. It can support a claim, but it’s not the same as Torrens ownership.

3) If the property is government-awarded / restricted (DAR/CARP land, public land patents, homestead, etc.)

There may be transfer restrictions (e.g., prohibitions for a number of years, need for approvals). Even a notarized deed can be risky if the law restricts transfers.

B. Motor vehicles

For vehicles, practical “proof of ownership” is:

LTO Certificate of Registration (CR) in your name
Official Receipt (OR) + updated records
Plate and registration reflecting you as registered owner

A notarized Deed of Sale is a required transfer document, but the “ownership record” most relied upon in real life is the LTO registration in your name.

C. Shares of stock / business interests

For shares in a corporation:

Proof is typically the corporate books (Stock and Transfer Book) and issuance/recording of stock certificates in the buyer’s name (or proper transfer entries). A notarized deed helps, but corporate recording completes recognition.

D. Personal property (equipment, jewelry, movables)

A notarized deed can be strong evidence, but the “proof” is often:

The deed + delivery/possession
Serial numbers, receipts, warranties, inventory logs
Registration (if the asset is registrable)

3) The legal framework: what a Deed of Sale does (and doesn’t)

A. Essentials of a valid sale

A sale generally requires:

Consent (meeting of the minds)
Object (a determinate thing/right)
Price (certain in money or its equivalent)

A deed helps memorialize these, but it cannot cure a sale that is void for legal reasons (e.g., prohibited transfers, seller not owner, forged signatures, lack of authority, etc.).

B. Notarization: why it matters

Notarization generally:

Converts the document into a public document
Makes it admissible and easier to authenticate
Strengthens presumption of due execution

But notarization does not automatically:

Guarantee that the seller truly owns the property
Clear liens/encumbrances
Register the sale with government registries
Pay taxes or transfer fees
Protect you from double sales if you don’t register

4) For real estate: how to convert a notarized Deed of Sale into a title in your name

Below is the typical pathway for titled real property.

Step 0 — Due diligence (before you pay, or before full payment)

This is where many buyers fail and later discover they “bought problems.”

Minimum checks for titled property

Get a certified true copy of the title from the Registry of Deeds (RD)
Verify:
- Correct title number, owner name, technical description
- Encumbrances: mortgage, adverse claim, lis pendens, levy, easement annotations
Check if seller is the same as the title owner; if not, confirm authority (SPA, corporate authority, estate settlement)
Verify real property tax status (City/Municipal Treasurer)
Confirm actual possession and boundaries (neighbors, barangay, site inspection)
Check if property is tenanted, under dispute, or subject to agrarian issues (rural areas)

Practical tip: A deed can be perfectly notarized yet still be worthless if the title is fake, cancelled, or the seller lacks authority.

Step 1 — Execute the correct deed (and supporting documents)

Common documents for a straightforward sale

Notarized Deed of Absolute Sale (DOAS)
Valid IDs of parties + TIN
If married: spouse participation/consent when required
If representative: Special Power of Attorney (SPA) or corporate secretary’s certificate/board resolution
If the owner is deceased: proper estate documents (often not a simple sale)

When a “Deed of Conditional Sale” or “Contract to Sell” is used

A Contract to Sell often means title transfer happens only after full payment and compliance.
You may have a notarized contract but still have no basis to transfer title until conditions are met.

Step 2 — Tax compliance (BIR and local taxes)

For most titled property transfers, you’ll deal with:

BIR (national taxes, clearance/eCAR)
Local government (transfer tax)

Typical national taxes involved (depending on classification)

Capital Gains Tax (CGT) for sale of real property classified as capital asset (common for individuals selling real property not used in business)
Or Creditable Withholding Tax (CWT) if the property is an ordinary asset (often in business contexts)
Documentary Stamp Tax (DST)

Who pays? Parties can agree, but agencies will still require proof of payment before processing.

BIR clearance: eCAR

The RD commonly requires the BIR eCAR (electronic Certificate Authorizing Registration) (or equivalent clearance) before it will transfer the title.

Step 3 — Local transfer tax

You typically pay transfer tax at the city/municipal level and get a receipt/certificate required for RD transfer.

Step 4 — Register the deed and transfer the title at the Registry of Deeds

This is the conversion moment for Torrens property.

You submit (requirements vary by RD, but commonly include):

Original notarized Deed of Sale
Owner’s duplicate copy of the title (surrendered for cancellation and reissuance)
BIR eCAR and tax payment proofs
Transfer tax payment
Other RD forms, IDs, and clearances as required

Result: RD cancels the old title and issues a new title in the buyer’s name.

Step 5 — Update the tax declaration (Assessor’s Office)

After RD transfer:

Bring the new title to the Assessor’s Office to issue a new Tax Declaration in your name.
Update RPT records and ensure receipts are in your name.

Important: Tax declaration follows the title, not the other way around (for titled property). But many transactions fail to update this and later create disputes and administrative headaches.

5) For condominiums: special reminders

Condo transfers generally involve:

CCT transfer at RD (same concept as TCT)
Condominium corporation requirements (clearance, association dues, transfer fees, move-in/out procedures)
If there is a mortgage: bank requirements and annotated encumbrances

A deed may be valid, but if the unit has unpaid dues or internal restrictions, your practical control may be limited until cleared.

6) For unregistered land: what “proof of ownership” really looks like

If there is no Torrens title, a notarized deed is evidence of a private transaction—but the state may not recognize it as conclusive ownership.

Common scenarios

A. Tax-declared property sold by deed

What you can do:

Transfer the Tax Declaration in your name at the Assessor’s Office (requires deed and tax clearances)
Keep continuous possession and tax payments

What you should understand:

This is not the same as a Torrens title.
Your security depends heavily on the seller’s true rights and your ability to later secure a registrable title (if eligible).

B. Recording under Act 3344 (for certain unregistered lands)

Some deeds may be recorded for notice purposes, but it does not create a Torrens title. It’s more like “public notice” than “indefeasible ownership.”

C. Converting to titled property (bigger process)

If the land is eligible, the path may involve:

Patent (administrative) processes for certain public lands (if applicable)
Judicial or administrative titling processes depending on classification, possession, and current law

This is where professional guidance matters because land classification issues can destroy a transaction.

7) Vehicles: converting a notarized Deed of Sale into LTO-recognized ownership

Standard concept

Your deed supports the transfer, but your practical “ownership proof” becomes:

CR in your name and updated LTO records.

Typical steps (varies by LTO office and vehicle situation)

Notarized Deed of Sale
Original OR/CR
Valid IDs
Vehicle inspection / confirmation
Clearances when required (commonly including anti-carnapping/HPG-related steps depending on current rules and office practice)
Payment of transfer fees, registration updates, and any penalties

Red flags

“Open deed of sale” (blank buyer name or multiple resales without transfer) creates risk and chain-of-ownership issues.
If the vehicle is still encumbered (financed), you must address the lien/release properly.

8) Common deal-killers (and how people lose “ownership” despite a notarized deed)

A. Double sale (two buyers, one property)

Philippine law has specific rules on double sales. In many real property cases, registration and/or possession in good faith matters greatly. If you don’t register and someone else does, your notarized deed may not save you.

B. Fake or problematic titles

Notarization doesn’t authenticate the title. Always verify at the RD.

C. Seller has no authority

Examples:

Heirs selling without proper estate settlement
“Agent” selling without valid SPA
Corporate property sold without proper corporate authority
Married seller selling conjugal/community property without required spousal consent (fact-specific)

D. Encumbrances and annotations

Mortgage, adverse claim, lis pendens, levy—these can limit or defeat your ownership or ability to transfer.

E. Tax under-declarations and BIR issues

Undervaluation may trigger BIR reassessment, penalties, delays in eCAR issuance, and RD refusal to transfer.

F. Boundary/area problems

Your deed may describe an area that doesn’t match what you occupy. Survey issues become expensive later.

9) If something goes wrong: practical legal remedies and options

A. Seller refuses to surrender the owner’s duplicate title

Without it, RD transfer can be blocked. Options may include:

Demand and specific performance (often with litigation)
Court processes relating to cancellation/reissuance depending on circumstances (complex and fact-driven)

B. Lost deed or lost title

Lost deed: you may need a re-execution or secondary evidence (harder)
Lost owner’s duplicate title: judicial procedures for replacement may be necessary

C. Seller dies after signing

If the deed was executed properly, you may still process, but estate complications can arise (especially if other documents are incomplete). If the seller dies before completing documentation, you may need to deal with the estate.

D. Buyer dies before transfer

Heirs may need to step in. This can blend into estate settlement requirements.

E. There’s a tenant, occupant, or adverse possessor

Ownership documents do not automatically remove occupants. Possession disputes can require separate legal action.

10) Best-practice checklist (to turn “paper” into secure ownership)

For titled real property

Verify title at RD (certified true copy)
Confirm seller identity/authority + marital/corporate/estate status
Check annotations and local tax status
Use a proper deed (DOAS or correct contract structure)
Pay required taxes (BIR) and secure eCAR
Pay local transfer tax
Register at RD → obtain new TCT/CCT
Update tax declaration and RPT records
Keep a clean file: official receipts, clearances, IDs, copies

For untitled land

Confirm land classification and seller’s rights (this is crucial)
Verify possession and boundaries
Ensure proper documentation chain
Transfer tax declaration if appropriate
Consider whether the property can be titled and what process applies

For vehicles

Verify OR/CR authenticity and encumbrances
Execute notarized deed properly
Complete LTO transfer and obtain CR in your name
Avoid “open deeds” and incomplete chains

11) Frequently asked questions

“If my Deed of Sale is notarized, am I already the owner?”

For many assets you may be “owner” in a private sense, but for titled real property, the legally safest answer is: you become the recognized owner against third persons when the title is transferred and registered in your name.

“Is a Tax Declaration proof of ownership?”

It is evidence of a claim and may support possession, but it is not the same as a Torrens title.

“Can I use a notarized deed to sell the property again even if the title is still in the seller’s name?”

Some people do this, but it is risky and often leads to:

chain-of-title problems
inability to register
vulnerability to double sale
disputes with heirs, banks, or third parties The more transfers happen without registry updates, the harder it gets to clean up.

“What if the deed was signed abroad?”

A deed executed abroad typically needs proper authentication/consular formalities or equivalent procedures for recognition in the Philippines, and notarization standards still matter.

12) The bottom line

A notarized Deed of Sale is usually the starting weapon, not the shield.

For Torrens titled real estate, the conversion to real “proof of ownership” happens when you obtain a new title (TCT/CCT) in your name through proper tax compliance and registration at the Registry of Deeds.
For vehicles, conversion happens when the LTO records (OR/CR) reflect you.
For untitled land, “proof” is a bundle of evidence, and the truly secure endpoint is often successful titling (if legally available).

If you tell me what you bought (house and lot, condo, farmland, vehicle, etc.) and the document you currently have (DOAS, Contract to Sell, deed with SPA, tax declaration only), I can give you a tailored, step-by-step checklist specific to that scenario.