In Philippine property law, "due diligence" is the bedrock of any secure real estate transaction. Whether you are buying property, settling an estate, or applying for a mortgage, obtaining a Certified True Copy (CTC) of the land title and the tax declaration is a non-negotiable step. These documents serve as the official evidence of ownership and tax compliance, respectively.
I. The Land Title (Transfer Certificate of Title / Original Certificate of Title)
The Land Registration Authority (LRA) and the various Registries of Deeds (RD) nationwide are the custodians of all registered land titles. A CTC of a title is a copy issued by the RD that bears an official seal and signature, certifying that it is an exact replica of the original on file.
Where to Apply
- Registry of Deeds (RD): You may visit the specific RD where the property is located.
- LRA "Anywhere-to-Anywhere" Service: Modernization allows you to request a CTC from any RD branch, regardless of the property's location, provided the title has been digitized.
Requirements
- Title Information: You must have the Title Number (TCT or OCT number) and the name of the registered owner.
- Valid ID: The requesting party must present a government-issued identification card.
- Letter of Request/Application Form: Most RDs provide a standard form.
- Authorization (If applicable): If you are not the registered owner, some RDs may require a SPA (Special Power of Attorney) or a written authorization, though titles are generally public records accessible to anyone with a legitimate interest.
The Procedure
- Submission: Submit the application form at the RD's Information Desk or Transaction Window.
- Payment: Pay the required registration and IT fees at the cashier.
- Processing: The RD will verify the title in their database or physical archives.
- Issuance: Once verified and printed, the document is signed by the Register of Deeds or an authorized deputy. This usually takes 3 to 5 working days, though "Anywhere" requests may take longer if the record needs to be uploaded.
II. The Tax Declaration (TD)
A Tax Declaration is issued by the City or Municipal Assessor’s Office. Unlike a title, which proves legal ownership, a TD proves that the property is declared for taxation purposes. While not a conclusive proof of ownership, it is an essential "indicia" of possession and right.
Where to Apply
- Assessor’s Office: Specifically at the City or Municipal Hall where the property is geographically situated.
Requirements
- Previous Tax Declaration: A photocopy of the old TD makes the search faster.
- Updated Real Property Tax (RPT) Receipt: Most Assessors require proof that the "Amilyar" (property tax) for the current year has been paid.
- Tax Clearance: In some jurisdictions, you must first secure a Tax Clearance from the Treasurer’s Office.
- Valid ID.
The Procedure
- Request: Approach the Assessor’s Office and provide the property details (owner's name or PIN - Property Identification Number).
- Assessment: The office will check if there are outstanding arrears.
- Payment: Pay the certification fee at the City/Municipal Treasurer.
- Release: The CTC of the Tax Declaration is usually released within the same day or the next business day.
III. Key Distinctions and Legal Considerations
| Feature | Land Title (CTC) | Tax Declaration (CTC) |
|---|---|---|
| Issuing Authority | Registry of Deeds (LRA) | Assessor’s Office (LGUs) |
| Legal Weight | Indefeasible proof of ownership | Proof of tax assessment/possession |
| Search Basis | Title Number (TCT/OCT) | PIN or Owner's Name |
| Expiration | None (but usually requested within 6 months) | Generally required to be current (yearly) |
Common Pitfalls to Avoid
- Annotation Check: When you receive the CTC of the title, always check the "Memorandum of Encumbrances" on the back pages. This reveals if the property has existing mortgages, liens, adverse claims, or pending court cases (lis pendens).
- Trace Back: For complex transactions, lawyers often perform a "trace back," requesting CTCs of the previous titles to ensure the chain of ownership is unbroken and legitimate.
- E-Titles: If the title is still a manual (yellow/red) paper, it is highly recommended to undergo "Voluntary Title Conversion" to an E-Title. This makes future CTC requests faster and protects the record from physical loss or fire at the RD.
IV. Electronic Request Options
To streamline the process, the LRA has introduced the eTrace and LRA Philippines Title Request online portals. Users can request CTCs online and have them delivered via courier. However, this is only applicable to titles that have already been digitized and converted into the LRA's electronic database. For older, non-digitized records, a physical visit to the Registry of Deeds is still mandatory.