Acquiring real estate through the Philippine Deposit Insurance Corporation (PDIC)—typically from the assets of closed banks—is often a cost-effective investment. However, the buyer bears the primary responsibility for navigating the bureaucratic process of transferring the Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT) into their name.
In the Philippine legal system, this process is governed by the Property Registration Decree (P.D. 1529) and specific Bureau of Internal Revenue (BIR) regulations.
1. The Pre-Requisite: The Deed of Absolute Sale
The process begins once the full purchase price is paid. The PDIC will execute a Deed of Absolute Sale (DOAS).
- Signatories: The deed is signed by the authorized officers of the PDIC acting as the statutory receiver of the closed bank.
- Notarization: The document must be notarized. While the PDIC often handles the initial execution, the buyer must ensure they receive sufficient original, notarized copies (usually at least 5 to 7 copies) for various government agencies.
2. Settling Tax Obligations
Before the Register of Deeds can issue a new title, the buyer must obtain a Certificate Authorizing Registration (CAR) from the BIR. This proves that all taxes related to the sale have been paid.
Applicable Taxes
- Capital Gains Tax (CGT): Usually 6% of the selling price or the zonal value, whichever is higher. (In some PDIC cases, if the asset is considered an "ordinary asset," this may be subject to Creditable Withholding Tax).
- Documentary Stamp Tax (DST): Generally 1.5% of the sales price or zonal value.
- Transfer Tax: Paid to the Local Treasurer’s Office (City or Province), typically ranging from 0.5% to 0.75%.
Required Documents for the BIR
- Original Deed of Absolute Sale.
- Certified True Copy of the Current Title.
- Certified True Copy of the latest Tax Declaration (Land and Improvement).
- Tax Clearance from the local Treasurer’s Office.
- Official Receipts for the CGT and DST payments (BIR Form 1706 and 2000-OT).
3. Securing the Tax Clearance and Transfer Tax
Simultaneous with or immediately following the BIR process, the buyer must settle the Transfer Tax at the City or Provincial Treasurer’s Office where the property is located.
You must present the DOAS and the latest Tax Declaration. Upon payment, the Treasurer will issue a Tax Clearance certificate, which is a mandatory requirement for the final registration.
4. Registration with the Register of Deeds (RD)
Once the CAR is issued by the BIR and the Local Tax Clearance is secured, the buyer proceeds to the Register of Deeds that has jurisdiction over the property.
The Submission Packet:
- Original Copy of the Deed of Absolute Sale.
- The Owner’s Duplicate Copy of the Title (provided by PDIC).
- Original BIR Certificate Authorizing Registration (CAR).
- Tax Clearance and Official Receipt of Transfer Tax payment.
- Clearance from the Department of Agrarian Reform (DAR), if the land is classified as agricultural.
- Payment of Registration Fees (based on a sliding scale relative to the purchase price).
Upon verification, the RD will cancel the old title in the name of the closed bank and issue a new Transfer Certificate of Title in the name of the buyer.
5. Updating the Tax Declaration
The final step—often overlooked—is the "Transfer of Assessment." The buyer must take the new TCT and the CAR to the Assessor’s Office of the municipality or city.
The Assessor will cancel the old Tax Declaration and issue a new one under the buyer's name. This ensures that future Real Property Tax (RPT) billings are correctly addressed and that the buyer is recognized as the owner for local government records.
Key Considerations for PDIC Buyers
| Factor | Description |
|---|---|
| "As-Is, Where-Is" | PDIC sells properties on an "As-Is, Where-Is" basis. This means the buyer is responsible for any illegal occupants, physical defects, or pending arrears in homeowners' association dues. |
| Documentary Delays | Since PDIC deals with closed banks, some titles may still be in the name of the original mortgagor rather than the bank itself. In such cases, a "Consolidation of Title" may be required before the final transfer to the buyer. |
| Zonal Value Checks | Always check the latest BIR Zonal Values. If the purchase price from the PDIC auction is lower than the zonal value, taxes will be calculated based on the higher zonal value. |
Summary Checklist of Documents
- Deed of Absolute Sale (Notarized)
- Owner’s Duplicate Copy of TCT/CCT
- BIR Certificate Authorizing Registration (CAR)
- Local Government Transfer Tax Receipt
- Real Property Tax Clearance
- New Tax Declaration (from Assessor's Office)