I. Overview: What “Registration” Means in Philippine Property Transactions

In the Philippines, a Deed of Absolute Sale (or other deed transferring ownership) is a private contract between seller and buyer. Registration is the separate, formal act of recording the transfer in the public land records maintained by the Registry of Deeds (RD) under the Land Registration Authority (LRA). Registration is the step that makes the conveyance effective against third persons and, for registered land, is the step that leads to the issuance of a new Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT) in the buyer’s name.

A crucial distinction:

Between seller and buyer: the deed binds them once perfected and delivered.
As against the world (third parties): registration is what protects the buyer from later claims and competing transfers.

Registration requirements and procedures depend heavily on (a) the type of land (titled/registered vs. untitled/unregistered), (b) the type of property (house-and-lot, vacant lot, condominium unit), and (c) the nature of the conveyance (absolute sale, conditional sale, sale with assumption of mortgage, sale of a portion, etc.).

II. Governing Legal Framework (Philippines)

Registration practice at the RD is shaped by several core regimes:

Torrens system for registered land (titles under the Torrens system):
- A deed of sale affecting registered land must be presented and registered so the title can be updated.
Civil Code rules on sales and delivery:
- A sale transfers ownership by consent; delivery may be actual or constructive. For registered land, constructive delivery and protection against third parties are closely linked with registration.
Tax laws and local revenue rules:
- Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT) (depending on seller classification and property use), Documentary Stamp Tax (DST), and Transfer Tax are typically prerequisites to RD processing because the RD will require proof of tax compliance (or supporting documents that allow assessment).
BIR administrative requirements (for issuance of a Certificate Authorizing Registration (CAR) or its functional equivalent under current BIR processes):
- For most transfers of real property, the BIR requires taxes to be paid and documents evaluated before issuing a clearance authorizing registration.
LRA/RD procedural rules and internal checklists:
- The RD enforces documentary completeness, proper execution, and compliance with registration formalities.

III. Classification Matters: Registered (Titled) vs. Unregistered (Untitled)

A. Registered (Torrens) Land — TCT/CCT Exists

This is the common situation when a seller has a TCT (for land/house-and-lot) or CCT (for condominium). The buyer’s goal is:

Registration of the Deed of Sale
Issuance of a new TCT/CCT in the buyer’s name

B. Unregistered Land — No Torrens Title

If there is no TCT/CCT, the RD may still record instruments in the Registration Book for Unregistered Lands (often called “recording,” not “registration” in the Torrens sense). However:

Recording an unregistered deed does not produce a Torrens title.
Buyers commonly need a separate process (e.g., judicial or administrative titling, depending on circumstances) to obtain a Torrens title.

Because your topic is “Deed of Sale Registration Requirements at the Registry of Deeds,” the practical, most consequential requirements are those for titled property.

IV. Core Requirement: A Registrable Instrument

The RD will only register a deed that is registrable on its face, meaning it complies with formal requisites and does not clearly violate law or registration rules.

A. Proper Form and Execution

A typical Deed of Absolute Sale should include:

Full names, civil status, citizenship, and addresses of parties
Authority of signatories (especially for corporations, estates, or spouses)
Adequate property description (matching the title and technical description)
Consideration (purchase price and terms)
Undertakings on taxes, possession, and delivery
Date and place of execution
Signatures

B. Notarization (Acknowledgment)

For registration, the deed must generally be a public instrument—i.e., notarized. The RD will check:

Notarial acknowledgment (proper jurat/acknowledgment form, notarial seal/stamp where applicable)
Competent evidence of identity in the notarial details (as reflected in the notarial certificate)
No facial defects (missing pages, inconsistent dates, incomplete acknowledgment)

A deed that is not notarized is typically not acceptable for registration of transfers of titled land (except in limited contexts where a court order or other registrable instrument substitutes).

C. Completeness and Integrity of Document

Routinely enforced:

Original signed and notarized deed (and required duplicates)
No material erasures or alterations without proper initials/notations
Page numbering and attachments (e.g., technical description if needed)

V. Property- and Party-Specific Requirements Commonly Required by the RD

The “standard set” varies per RD, but the following are widely required in practice.

1) Owner’s Duplicate Certificate of Title (TCT/CCT)

For titled land, the RD typically requires presentation of the Owner’s Duplicate of the seller’s title for:

Annotation of the deed
Cancellation and issuance of a new title

If the owner’s duplicate is lost, a separate legal process (often judicial) is needed before transfer can be completed.

2) Latest Tax Declaration and Tax Clearance / Real Property Tax (RPT) Receipts

The RD often requires:

Latest Tax Declaration (land and improvements, if applicable)
Latest RPT official receipts (proof of payment)
Tax clearance or equivalent certification from the local treasurer/assessor (requirements differ by LGU; some RDs require proof that there are no arrears)

While these are LGU documents, they are frequently part of the RD’s checklist to ensure the transaction is tax-compliant and to support assessment of transfer tax and other fees.

3) BIR Certificate Authorizing Registration (CAR) / Tax Clearance for Transfer

The RD generally requires BIR’s authorization to register, issued after:

Submission of deed and supporting documents to BIR
Payment of applicable taxes (CGT or CWT, and DST) or approval of exemption where legally applicable

Without the BIR authorization, RDs typically do not proceed with transfer registration for most sales.

4) Proof of Payment of Transfer Tax (LGU)

After BIR clearance, the buyer usually pays transfer tax to the city/municipality where the property is located. The RD commonly requires:

Transfer tax receipt or certificate

5) Government-Issued IDs and Taxpayer Information

Depending on RD practice and the BIR documentation chain, the RD file may include:

Valid IDs of parties
TINs These are most critical for BIR processing, but RDs may still require them for record consistency.

VI. Special Requirements by Transaction Type

A. Sale of Conjugal / Community Property (Married Seller)

Where spouses are under a property regime that makes the property common, the RD will usually require:

Signatures of both spouses in the deed; or
Proof of authority (e.g., SPA from absent spouse), or proof of legally recognized separation of property / court authority

If the title indicates “married to ___,” RDs are strict about spousal consent. If only one spouse signs without authority, registration may be denied or flagged.

B. Sale by Attorney-in-Fact (SPA)

If someone signs for the seller (or buyer) via Special Power of Attorney, the RD usually requires:

Notarized SPA
SPA must clearly authorize sale of the specific property (or sufficiently identifiable property) and authority to sign and receive consideration where relevant
Sometimes, RD requires presentation of the owner’s duplicate of the SPA’s annotation if previously recorded, or requires recording/annotation of the SPA first (practice varies)

C. Sale by Corporation / Juridical Entity

Commonly required:

Board Resolution or Secretary’s Certificate authorizing the sale and designating signatory
Proof of corporate existence/authority (depending on RD’s standards)
Proper signatory capacity indicated in the deed

D. Sale of Inherited Property (Estate) / Heirs Selling

If the property is still titled in the name of the deceased, a straightforward sale deed by heirs is typically not enough. Usually needed:

Settlement of estate documents (judicial or extrajudicial settlement)
Payment of estate tax and issuance of BIR clearance/CAR for estate transfer
Transfer of title to heirs (or at least proper annotation/estate settlement registration) before subsequent conveyance to buyer, depending on structure

Many failed registrations happen because parties attempt to “skip” estate settlement and go straight to sale.

E. Property Subject to Mortgage / Encumbrances

If the title has a mortgage annotation:

The RD can still register a sale, but the buyer takes subject to the mortgage unless released.
If the transaction includes assumption of mortgage or requires release, supporting documents may be required (bank consent, deed of release, etc.).

F. Sale of Portion of a Titled Property (Subdivision)

If only part of a titled lot is being sold:

RD often requires approved subdivision plan, technical descriptions, and compliance with rules leading to issuance of separate titles for subdivided lots.
The deed must correctly describe the portion with technical description matching approved plans.

G. Condominium Units (CCT)

Commonly required in addition to the usual:

Condominium corporation / HOA clearances (common in practice)
Updated dues clearance
Documents relating to parking slots if separately titled or appurtenant

VII. Document Set Commonly Filed for Registration of a Deed of Absolute Sale (Titled Property)

A practical checklist often includes:

Original notarized Deed of Absolute Sale (plus required copies)
Owner’s Duplicate TCT/CCT
Certified True Copy of TCT/CCT (some RDs require a recent certified copy)
BIR authorization to register (CAR or equivalent)
BIR tax payment proofs (e.g., payment forms/receipts for CGT/CWT and DST)
Transfer tax receipt/certificate from the LGU
Latest Tax Declaration(s) (land and improvement)
Real property tax receipts / tax clearance (as required)
Supporting authority documents, if applicable:
- SPA, board resolution, secretary’s certificate
- Marriage certificate or proof of civil status in some cases
- Estate settlement documents, if applicable
IDs/TIN information (commonly part of the file)

Actual RD requirements may be more detailed, but these are the core items that most RDs insist upon before issuing a new title.

VIII. How the Registry of Deeds Processes the Registration

Step 1: Presentation and Entry

The deed and documents are presented to the RD for entry. The RD assigns:

An entry number and date/time of presentation
This matters because priority among competing instruments can depend on date/time of entry.

Step 2: Assessment of Fees and Documentary Review

The RD assesses:

Registration fees (based on schedule and value considerations)
Requirements completeness
Consistency between deed and title (names, technical description, encumbrances)

Step 3: Annotation / Cancellation and Issuance

For a sale of titled property:

The RD annotates the deed on the title and/or cancels the old title
Issues a new TCT/CCT in buyer’s name
Carries over valid encumbrances (e.g., mortgage) unless released

Step 4: Release of New Title and Documents

After processing, the buyer receives:

New Owner’s Duplicate TCT/CCT
Supporting documents (as per RD procedure)

IX. Frequent Reasons for RD Rejection or Delays

Mismatch of names
- Deed name does not exactly match the title name; missing middle name, suffix, or marital notation; inconsistent spelling.
Missing spousal consent
- Title indicates marriage, but only one spouse signed without authority.
Defective notarization
- Missing acknowledgment, expired commission issues apparent on the face, incomplete notarial certificate, or other defects that make the instrument non-public.
Property description errors
- Lot number, title number, area, technical description, or boundaries inconsistent with the title.
Missing BIR authorization
- No CAR/clearance; incomplete BIR forms; unresolved tax issues.
Unpaid or unproven local transfer tax
- Transfer tax receipt/certification absent where required.
Issues with owner’s duplicate title
- Not presented, damaged beyond acceptance, or reported lost.
Estate issues
- Property in deceased’s name without settlement and estate tax compliance.
Portion sales without subdivision compliance
- Selling “a portion” without approved plan and technical descriptions.
Encumbrance handling

Bank consent required by terms of mortgage; incomplete release documents if release is expected.

X. Practical Notes on Taxes and the “Sequence” Affecting RD Requirements

While the RD is not the tax collector for CGT/CWT and DST, RD practice is tied to BIR clearance:

A common, orderly sequence is:

Execute notarized deed
File and pay BIR taxes; secure BIR authorization to register
Pay LGU transfer tax; secure receipt/certificate
Submit documents to RD for registration and new title issuance

If taxes are not properly settled, the RD generally will not complete transfer.

XI. Special Topic: Conditional Sale vs. Absolute Sale and Registrability

A deed titled “Conditional Sale” or containing suspensive conditions may still be registrable, but:

The RD will look for clarity on what is being registered (sale, condition, or annotation)
Parties must be careful: registration of a conditional instrument may not produce the same certainty as an absolute sale for title transfer, depending on the instrument’s language and conditions.

For a typical property purchase intended to transfer ownership immediately, the usual instrument is a Deed of Absolute Sale.

XII. Registered Land vs. Unregistered Land: What Registration Achieves

Registered Land (Torrens)

Registration is the mechanism that updates the title and secures priority and protection against third parties.
Buyer expects a new title.

Unregistered Land

Recording provides notice but does not confer the same indefeasibility as Torrens titles.
Buyers should be aware that “registration” here may mean only recording, and the risk profile is different.

XIII. Compliance Tips Embedded in Registration Requirements

Because RD requirements are documentary and technical, compliance is largely about preventing “paper defects”:

Ensure the deed’s property description matches the title exactly.
Ensure the seller’s identity and civil status are correctly stated and consistent with title entries.
Address spousal consent upfront.
If signing via representative, ensure SPA wording specifically authorizes the sale and signing.
If the property has liens, clarify whether the buyer accepts them or the seller will discharge them; align documents accordingly.
For inherited properties, complete estate settlement and tax compliance first or structure the transaction through lawful, registrable steps.

XIV. Bottom Line: The RD’s Non-Negotiables for Deed of Sale Registration

Across Philippine RDs, the most consistent “non-negotiables” for transferring titled real property through a deed of sale are:

A duly notarized deed that is registrable on its face
Presentation of the owner’s duplicate title
BIR authorization/clearance for registration (after taxes are properly addressed)
Proof of local transfer tax compliance
Documentary consistency between deed, title, parties’ authority, and the property description

These elements, together with any transaction-specific supporting documents (spousal consent, SPA, corporate authority, estate settlement, subdivision compliance), make up the practical “registration requirements” that determine whether the RD will issue a new title in the buyer’s name.