Copy of Contract of Sale Retrieval in the Philippines
A comprehensive legal-practice guide (2025 edition)
1. What is a Contract of Sale?
Under Articles 1458-1470 of the Civil Code, a contract of sale is perfected when the parties agree on the object and the price. Although Philippine law does not generally require any special form for validity, certain sales must be in a public instrument (i.e., notarized) or registered to affect third persons—most notably:
| Sale type | Formality needed to bind third persons | Governing provision |
|---|---|---|
| Real property (land, house & lot, condo) | Notarization and registration with the Registry of Deeds (RD) | Art. 1358, Civil Code; P.D. 1529 |
| Motor vehicle | Notarization; transfer of records with LTO | Republic Act 4136 & LTO issuances |
| Large movable subject to a chattel mortgage | Registration of the mortgage with RD | Chattel Mortgage Law |
| Sale of shares in a Philippine corporation | Endorsement on certificate + recording in SEC-required Stock & Transfer Book | Corporation Code |
Because notarization and registration involve depositing documents with public offices, you usually have secondary repositories from which you can later retrieve certified true copies.
2. Why Might You Need to Retrieve a Copy?
- Transfer-of-ownership processing (BIR taxes, RD or LTO registration)
- Loan collateral or refinancing (banks demand the original or a certified true copy)
- Estate settlement, partition, or cancellation of usufruct/encumbrances
- Litigation—e.g., quieting of title, reconveyance, or replevin
- Compliance audits or due-diligence reviews (especially in corporate acquisitions)
- Loss, destruction, or deterioration of the owner’s duplicate original
3. Primary Sources for Retrieval
| Source | What they keep | Key legal rule | How long kept |
|---|---|---|---|
| The Parties (seller & buyer) | At least one “owner’s duplicate original” | Art. 1311 (relativity of contracts) | No statutory limit; practice varies |
| Notary Public | Original instrument + Notarial Register | 2004 Rules on Notarial Practice, §§ 2-4 | 10 yrs from date of notarial act |
| Registry of Deeds (for real property / chattel mortgage) | “File copy” + annotated TCT/CCT | P.D. 1529, §§ 56-57 | Indefinite; microfilmed/e-TIS |
| Land Transportation Office | Deed of Sale & CR/OR history | R.A. 4136; LTO Memo Cir. 2020-2216 | Indefinite (digitized) |
| Bureau of Internal Revenue | Stamped Deed + CAR docket | NIRC 1997, §§ 196, 247 | 10 yrs (audit period) |
| Clerk of Court, RTC (if the notary is a lawyer) | Monthly bundle of notarized docs | Rules on Notarial Practice, § 2(e) | 10 yrs |
| Securities & Exchange Commission | Deeds involving substantial asset sales of corp. | Rev. Corp. Code, § 39; SRC rules | 10 yrs or life of corp. |
Tip: Always start with the simplest source—the person or entity that signed the document—before approaching public offices.
4. Retrieval Procedures in Detail
4.1 Real Property (Deed of Absolute Sale)
- Gather identifiers: Title number (TCT/CCT), names of parties, notarial details (Doc No., Page No., Book No., Series of …).
- Registry of Deeds (province/city where land is located)
- Fill out Request for Certified Copies form.
- Present valid ID, ₱120–₱200 copying fee (varies), and an SPA if you are an authorized representative.
- Claim printed certified true copy (stamped, sealed). Processing: same day for e-TIS registries; 2-5 days elsewhere.
- If RD cannot locate the file (e.g., old Spanish-time deeds):
- Proceed to Notary or Clerk of Court where notarization took place.
- Request a photocopy of the protocol page bearing your deed; pay ₱40/page + certification fee.
- Optional online: LRA’s eSerbisyo Portal now pilots e-certified RD copies in Metro Manila and select RDs; expect 3-day courier delivery.
4.2 Motor Vehicle
- Secure the Plate No., MV File No., and chassis number.
- Lodge a Request for Certification at the LTO Records Section (East Ave. for NCR; regional offices elsewhere).
- Pay ₱330 certification fee + ₱70/page copy fee. Processing is typically 1-3 days.
- LTO releases a Certification of Encumbrance & Deed plus photocopy of the notarized deed filed during transfer.
4.3 Notary Public / Clerk of Court
- Identify the commission number and year the notary was commissioned (appears on the last page of the deed).
- Visit the notary’s office; if closed, go to the Executive Judge, RTC of the commissioning city.
- File a written request under Rule 2.05 of the Notarial Rules; pay copying fees (₱40/page) and present ID.
4.4 Bureau of Internal Revenue
- For deeds from which Capital Gains Tax (CGT) and Documentary Stamp Tax (DST) were paid, go to the Revenue District Office that issued the Certificate Authorizing Registration (CAR).
- Present the CAR number and parties’ names; pay ₱15/page. Copies are often good for tax clearance in lieu of the original deed.
4.5 Corporate Records (SEC)
- File SEC MC-02 Request Form for certified copies of corporate deeds of sale of assets > 51 % or affecting primary purpose.
- Fees: ₱30/search and ₱15/page copy; release in 3-5 working days.
5. Fees, Timelines, and Practical Issues
| Office | Typical fee (2025) | Standard processing |
|---|---|---|
| RD | ₱120–₱200 + ₱60 cert. | 1 day (e-RD) / 3-5 days |
| LTO | ₱400 all in | 1-3 days |
| Notary/Clerk | ₱40/page | Same day |
| BIR | ₱15/page | Same day |
| SEC | ₱45 + pages | 3-5 days |
- Rush or courier service may double fees.
- Data Privacy Act (R.A. 10173) allows these offices to release instruments because deeds of sale are public documents once notarized; nonetheless, they may redact TINs or personal addresses.
6. Evidentiary Weight of Copies
- Certified true copy from a public registry enjoys the presumption of authenticity under Rule 132, § 24, Rules of Court.
- A plain photocopy must be authenticated by testimony or compared with the original.
- Electronic copies printed from LRA e-TIS carry a QR code; courts have uniformly accepted them since LRA Circular 32-2023.
7. What if the Contract Cannot Be Found Anywhere?
- Re-execution / Ratification – If all parties are still alive and willing.
- Judicial Reconstitution – For missing RD copy, file a petition under R.A. 26 (reconstitution of lost or destroyed titles and instruments).
- Secondary Evidence – Offer oral testimony + other documents (tax declarations, receipts) under Rule 130, § 5 (b).
- Affidavit of Loss – Sometimes accepted by banks for refinancing, paired with secondary evidence.
8. Tips & Best Practices
- Keep multiple scans of your notarized deeds in PDF with visible notarization page.
- Always note the Doc/Page/Book/Series or the RD Entry No. the moment you sign.
- When buying property, insist that the seller gives you the owner’s duplicate original on the day of signing—not after taxes are paid.
- For corporate transactions, have the Corporate Secretary issue a Certification of Board Approval alongside the deed; this helps with subsequent SEC queries.
- If acting through an SPA, attach your SPA and valid IDs to every retrieval request to avoid denial.
9. Penalties & Liabilities for Tampering or Loss
- Art. 315(1)(b), Revised Penal Code – Estafa for falsifying or destroying public documents.
- Administrative sanctions on notaries who fail to safeguard protocols (Rule IV, Notarial Rules).
- RD personnel may incur criminal liability under Art. 171 (falsification) if they allow spurious entries.
10. Emerging Developments (2024-2025)
- Land Registration Authority’s e-Title Expansion: By Q4 2025, all 168 RDs are expected to provide e-certified deeds through the One-LRA Portal.
- LTO’s Land Transportation Management System (LTMS): Phase 3 will let owners download deed copies linked to their plate number after two-factor authentication.
- E-Notarization Pilot: Supreme Court A.M. 22-06-07-SC (effective August 1, 2024) allows remote notarization, with protocols stored in encrypted cloud servers—retrieval requests will involve a QR-verified PDF issued by the Clerk of Court.
11. Conclusion
Retrieving a copy of a contract of sale in the Philippines is usually straightforward once you know where the official copy resides. Begin with the simplest repository—the parties themselves—and move outward to the notary, Registry of Deeds, LTO, BIR, or SEC as the context requires. Certified true copies not only satisfy documentary requirements of banks, registries, and courts but also carry significant evidentiary weight. By following the procedures, timelines, and tips outlined above, you can secure the document quickly while preserving its legal integrity.