Essential Documents to Check When Buying Land in the Philippines
(A comprehensive legal‑practice guide — updated July 2025)
1. Why Documentation Matters
Land in the Philippines is governed by a mix of Torrens‑title legislation (PD 1529), the Civil Code, agrarian‑reform laws and dozens of agency‑level rules. Failing to verify just one document can expose a buyer to:
- hidden liens or mortgages
- agrarian or indigenous peoples’ claims
- tax liabilities and penalties
- outright land scams or “double titling”
2. Core Ownership & Identity Documents
| Document | Where to get it | What to verify | Red flags |
|---|---|---|---|
| Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) | Registry of Deeds (RoD) – secure a Certified True Copy (CTC) | Owner’s name, technical description, lot & plan nos., page for Memorandum of Encumbrances | Erasures, rubber‑stamped annotations, two different titles covering the same Lot/Plan |
| Tax Declaration (TD) | City/Municipal Assessor | Assessed value, lot area matches title, tax classification | TD in previous owner’s name; TD existing without a title (suggests untitled or contested land) |
| Real‑Property Tax (RPT) Receipts & Tax Clearance | City/Municipal Treasurer | All RPT paid for the last 5 years (at minimum) | Unpaid taxes → buyer inherits liability + 2%/mo. interest |
| Valid IDs & Proof of Civil Status | PSA or DFA-issued IDs, PSA CENOMAR / Marriage Cert. | Signature authenticity, marital status (conjugal property needs spousal consent) | Seller refuses to show government ID or marital docs |
| Special Power of Attorney (SPA) (if representative signs) | Notarized + Consularized if signed abroad | SPA must cite the exact Lot/Plan No. | SPA older than 1 year without fresh ID copies |
3. Due‑Diligence Certificates & Clearances
- Certified True Copy of the Title – always request the latest CTC (issued within 1 week of inquiry).
- Certified Title Verification from LRA e‑Serbisyo / A2A Kiosks – confirms the CTC against the LRA database and shows digital encumbrances.
- No‑Encumbrance / Encumbrance Page Review – look for: mortgage annotations, adverse claims, lis pendens, Section 4 Rule 74 caveats (estate settlements).
- Lot Plan & Approved Survey Plan (DENR‑LMB Form V‑37) – signed by a licensed Geodetic Engineer and approved by DENR. Cross‑check bearings with the technical description on the title.
- Zoning Certification & Locational Clearance – City/Municipal Planning Office; shows if the parcel is residential, commercial, industrial, agricultural or protected.
- DAR Clearance / DAR Exemption (if agricultural) – confirms the parcel is outside the Comprehensive Agrarian Reform Program (CARP) or, if within, that conversion or retention has been approved.
- DENR Certificate of Land Classification – confirms the land is “Alienable & Disposable” when dealing with old Spanish titles, free patents or purported untitled parcels.
- HLURB → DHSUD License to Sell & Certificate of Registration (for subdivision/condo projects) – protects buyers from unregistered developers.
- Homeowners‑Association / Barangay Clearance – flags boundary disputes, right‑of‑way issues or unpaid association dues.
- Environmental Compliance Certificate (ECC) / Certificate of Non‑Coverage (CNC) – required for large parcels (>1 ha industrial) or those near ecologically sensitive areas.
4. Transaction‑Stage Documents
| Stage | Key papers | Notes |
|---|---|---|
| Offer & Acceptance | Letter‑Offer or Reservation Agreement | Non‑binding unless earnest money is paid; should describe lot & price |
| Deed of Absolute Sale (DOAS) or Contract to Sell | Must be notarized; must reference exact TCT/OCT, technical description, and purchase price in ₱ | Attach lot plan & photocopy of CTC |
| BIR Forms & eCAR | BIR Form 1706 (CGT) or 1707‑A (Donor’s), BIR DST 2000‑OT, eCAR | Taxes: 6 % Capital Gains (or 0 % if exempt), 1.5 % DST, plus 25 % surcharge + 12 % interest if late |
| Transfer‑Tax Receipt | Provincial/City Treasurer | ~0.25 %–0.75 % of zonal or selling price, whichever is higher |
| RoD Documents for Registration | DOAS + eCAR + Tax Clearance + Transfer‑Tax Receipt + 3 ID copies of parties; RoD Form for Entry | New TCT in buyer’s name released in ~2–8 weeks |
5. Special Scenarios & Additional Papers
| Situation | Additional required documents |
|---|---|
| Seller is a Corporation | SEC Articles & By‑Laws, current GIS, Board Resolution authorizing sale, Secretary’s Certificate |
| Property is conjugal | Marriage Certificate + notarized Consent of spouse (Art. 124 Family Code) |
| Owner is deceased | Extrajudicial Settlement of Estate (EJS) or Court‑approved Partition; Certificate of Estate‑Tax Payment from BIR |
| Property mortgaged | Release of Mortgage / Cancellation of Mortgage annotated on title; updated Statement of Account from lender |
| Indigenous Cultural Community (ICC) area | Free, Prior & Informed Consent (FPIC) + Certificate of Ancestral Domain Title (CADT) review |
| Raw land in foreshore or forest land | DENR Special Land‑Use Permit or Forest Land Use Agreement, plus Foreshore Lease if applicable |
6. Authenticity Checks & Practical Tips
- Physically inspect the RoD’s CTC seal, dry stamp & barcode.
- Compare boundaries on the ground with the Survey Plan; hire a licensed Geodetic Engineer to re‑locate monuments.
- Ask neighbors about boundary quarrels and unpaid taxes.
- Visit Assessor & Treasurer separately; don’t rely on seller‑provided receipts.
- Verify seller’s identity against PSA records (some scammers use look‑alike IDs).
- Always pay taxes within 30 days of notarization to avoid BIR surcharges.
- Never accept mere photocopies for registration; only originals or CTCs.
- Keep multiple certified copies of the new title once issued; request annotation of “owner’s duplicate issued” on the back.
7. Quick‑Reference Checklist
- ☐ Certified True Copy of Title (fresh)
- ☐ Tax Declaration (latest)
- ☐ 5 years of Real‑Property‑Tax receipts + Tax Clearance
- ☐ Lot Plan & DENR‑approved Survey
- ☐ Zoning Certification / Locational Clearance
- ☐ DAR Clearance or Exemption (if agri)
- ☐ HLURB‑/DHSUD‑issued License to Sell (if subdivision/condo)
- ☐ Barangay / HOA Clearance
- ☐ Valid IDs of seller & spouse; SPA if representative
- ☐ Notarized Deed of Absolute Sale
- ☐ BIR eCAR + tax receipts (CGT/DST)
- ☐ Transfer‑Tax Receipt
- ☐ Registry‑of‑Deeds official receipt & new TCT/OCT
8. Common Pitfalls to Avoid
- “Mother title” subdivisions without HLURB/DHSUD approval
- Buying on mere tax declarations (untitled land) without DENR alienability proof
- Over‑reliance on private “verification reports” instead of CTCs
- Skipping spousal consent for married sellers, leading to voidable sale
- Failure to clear mortgages fully before transfer — mortgage remains annotated even if paid
9. Conclusion & Professional Advice
Buying land in the Philippines demands meticulous documentary scrutiny. Titles, taxes, surveys, and agency clearances weave together to prove (or disprove) real ownership. Because statutes such as PD 1529, the National Internal Revenue Code, the Family Code and DAR & DENR regulations overlap, even seasoned buyers should:
- engage a licensed lawyer or accredited real‑estate broker for due‑diligence, and
- budget time for agency verifications — RoD, Assessor, Treasurer, BIR, DAR, DENR, DHSUD.
Keeping this checklist close — and refusing to shortcut any step — is the surest way to avoid costly disputes and enjoy unassailable ownership of your Philippine property.