Title Verification, Registry of Deeds Records, and Requirements (Philippine Context)

I. Why Verification Matters

In the Philippines, disputes commonly arise because buyers rely on informal documents (receipts, “deeds” not notarized, or verbal assurances) without confirming what the government records actually show. Verification answers three essential questions:

Did a sale legally occur (as between seller and buyer)?
Was the sale validly documented (proper deed and notarization)?
Was the sale registered so that it binds third persons (and appears on the title)?

A sale may be valid between the parties but still not reflected on the title if it was never registered. Conversely, a title may show a transfer even if the underlying transaction is later attacked for fraud—so verification must be both document-based and record-based.

II. Core Concepts: Title, Deeds, and Registration

A. Titled vs. Untitled Land

Verification steps differ depending on whether the property is covered by:

Torrens title (Original Certificate of Title—OCT; Transfer Certificate of Title—TCT; Condominium Certificate of Title—CCT)
Untitled property (tax declaration only, or claims based on possession, old Spanish titles, or other imperfect sources)

Key point: A tax declaration is not proof of ownership. It is evidence of claim and for taxation purposes only. Ownership verification centers on the title (if titled), and on chain-of-ownership documents plus possession and public land status (if untitled).

B. The Torrens System and “Who Owns” the Property

For titled land, the best evidence of ownership is the certificate of title on file with the Registry of Deeds (RD). The RD title and its annotations show:

the registered owner(s);
encumbrances (mortgages, liens, notices);
restrictions, adverse claims, lis pendens;
transfers, cancellations, reissuance, etc.

C. The Difference Between a Deed of Sale and Registration

Deed of Absolute Sale / Conditional Sale / Sale with Assumption of Mortgage: the private transaction instrument.
Registration: the act of recording the deed with the RD, which is what generally makes the transfer effective against third persons and causes issuance of a new title in the buyer’s name.

A person may present a deed of sale and claim “I bought it,” but the critical question is whether that deed was registered and whether a new title was issued or at least a memorandum/annotation exists.

III. The Verification Roadmap (Titled Property)

Step 1: Identify the Correct Title and Property Data

Before you can verify anything, you need the correct identifiers:

Title number (TCT/OCT/CCT)
Registered owner name(s)
Location: province/city/municipality, barangay
Lot number and plan (e.g., Lot 1, Psd-xxxx) for land; for condos, CCT details and unit designation

Best practice: Obtain these details from the owner’s duplicate certificate of title (the “owner’s copy”), then verify against RD records.

IV. Title Verification: What to Get and What to Check

A. Certified True Copy (CTC) of Title (RD Copy)

The most direct way to verify if the property was sold is to obtain a Certified True Copy of the title from the Registry of Deeds where the property is registered.

What it tells you

Current registered owner (as of the date of issuance of the CTC)
All annotations and cancellations appearing on the title
Technical description references

What to check on the CTC

Owner/registered proprietor: Is the seller still the registered owner?
Entry of transfer: Does it show cancellation of the old title and issuance of a new title?
Annotations: mortgages, liens, adverse claim, lis pendens, levy, notice of attachment, restrictions, condominium liens, etc.
Co-ownership: multiple owners require special attention for consent/signatures.
Marital status: indicates whether spousal consent might be required for disposition of conjugal/community property.
Special restrictions: e.g., “subject to easements,” “no transfer without authority,” “DAR coverage,” “free patent restrictions,” etc.

Why RD CTC matters The owner’s duplicate can be outdated, altered, or not reflect later registrations. The RD copy is the controlling public record.

B. Certified True Copy of the Latest Tax Declaration (Local Assessor)

This is supportive, not determinative. It helps check:

declared owner for taxation,
assessed value (for taxes/fees),
property classification,
improvements/buildings (sometimes separately declared).

A mismatch between title owner and tax declaration owner is a risk marker—not automatically fraud, but it demands explanation.

V. Registry of Deeds Records Beyond the Title

A title sometimes does not tell the whole story unless paired with RD “entry” information.

A. Primary Entry Book / Entry Number (Reception/Presentation)

Documents presented for registration receive an entry number and are logged. Verifying entry details helps confirm whether:

a deed was presented,
it was acted upon,
it was denied, withdrawn, or pending,
it resulted in an annotation or issuance of a new title.

B. Day Book / Journal / Blotter (depending on RD practice)

These logs track document reception and processing. If a seller claims “it’s already filed,” you can verify whether the alleged deed is actually in the RD pipeline.

C. Document File / Instrument Copy

If a deed of sale was registered, the RD keeps an official copy or record of the instrument. You can request certification that a certain document (by entry number/date/parties) exists and was registered.

Practical insight: If someone cannot provide an entry number, receiving stamp details, or official receipt references for registration, treat the “already registered” claim with caution.

VI. What Counts as Proof That the Property Was Sold?

Depending on what you are trying to prove (between parties vs. against third persons), proof differs:

Strong indicators (high reliability)

A new title (TCT/CCT) in the buyer’s name
RD CTC showing the buyer as registered owner
RD certifications referencing the registered deed and entry details

Moderate indicators (supporting but not conclusive alone)

Notarized deed of sale (even if unregistered)
Capital gains tax / withholding tax filings and proofs
Transfer tax payment
Real property tax payments under buyer’s name (supportive)
Possession transfer and utility bills (contextual)

Weak indicators (risk of falsification or misunderstanding)

unnotarized “deed,” receipts only, barangay affidavits,
tax declaration transfer without title transfer,
private acknowledgments without registration trail.

VII. Deed of Sale Verification (Instrument-Level Checks)

Even if the RD title shows no transfer, you may need to verify whether a sale exists “on paper,” and whether the deed is authentic.

A. Essential attributes of a credible deed

Correct parties’ names and capacities (including marital status)
Clear property description matching the title/technical description
Purchase price and consideration clauses
Signatures of seller(s) (and spouse if required)
Acknowledgment before a notary public
Notarial details: notarial register entry, commission validity, office, date/place

B. Confirm notarization legitimacy

A notarized deed is a public document, but notarization can be faked. Verification methods typically include:

Checking the notary’s commission details (date, jurisdiction)
Requesting confirmation based on the notarial register entry (where appropriate)
Comparing signatures and IDs referenced in the acknowledgment

Risk marker: deeds notarized far from the parties/property without clear reason, missing competent evidence of identity details, or inconsistent dates.

VIII. Requirements Commonly Needed to Register a Sale (Titled Property)

Registration is where “sold” becomes “of record.” While local RD practices vary, the typical requirements revolve around title, taxes, and clearances.

A. Core documents

Notarized Deed of Absolute Sale (or the applicable conveyance instrument)
Owner’s Duplicate Certificate of Title (to be surrendered for cancellation and reissuance)
Latest Tax Declaration (land and improvements)
Real Property Tax (RPT) Clearance / Tax Clearance from the local treasurer
Transfer Tax payment proof (local government)
BIR clearances and proofs (commonly including:
- Certificate Authorizing Registration (CAR) or equivalent authorization for transfer;
- proof of payment of applicable taxes such as capital gains tax or creditable withholding tax, and documentary stamp tax)
Valid IDs of parties; special power of attorney if executed by attorney-in-fact
Other clearances depending on property type or location (e.g., condominium management clearance, if applicable; or subdivision developer clearance in some projects)

B. If seller is married or property is part of the marriage property regime

Spousal consent/signature is often critical. Lack of required spousal participation can expose the sale to challenge, depending on the circumstances and property regime.

C. If seller is deceased (estate situation)

A “sale” by an heir or representative requires careful scrutiny:

Was there settlement of estate?
Is there authority (extrajudicial settlement, court authority, SPA, letters of administration)?
Are estate taxes settled and transfer properly cleared?

Many “sales” fail registration because the title remains in the deceased’s name and taxes/estate issues are unresolved.

IX. Special Situations That Affect Verification

A. Property with Mortgage

A mortgage annotation means:

the title is encumbered,
buyer must confirm whether the mortgage will be released, assumed, or maintained,
a sale can occur but buyer risks foreclosure if obligations are not handled.

Verification tasks:

Get title CTC and confirm mortgage details
Confirm if there is a release/cancellation of mortgage or deed of undertaking/assumption arrangement
Check if bank holds the owner’s duplicate title (common in mortgages)

B. Double Sale Risk

Double sale disputes arise when the same property is sold to different buyers. Verification focuses on:

who registered first (for titled land),
who took possession first (often relevant in certain contexts),
good faith and diligence.

Practical verification defense: A buyer who secured an RD CTC close to signing, verified identity and authority, and promptly registered reduces exposure.

C. Adverse Claim / Lis Pendens / Levy / Attachment

If any are annotated:

the property may be under dispute or subject to court processes.
a “sale” may still be executed, but buyer takes it subject to those annotations.

D. Agrarian Reform Coverage (DAR)

If the land is agricultural or has agrarian reform implications:

transfers may be restricted,
emancipation patents/CLOAs have specific rules and prohibitions.

Verification should include checking the title for DAR-related annotations and understanding whether the land is covered.

E. Free Patent / Homestead Restrictions

Some government-granted titles have restrictions on transfer within certain periods or require government consent. These are usually annotated and must be checked carefully.

X. Verification for Untitled Property (No TCT/OCT/CCT)

For untitled land, you cannot rely on RD title verification because there is no Torrens title. Verification shifts to:

Tax Declaration History (multiple years, tracing declared owner changes)
Assessor and Treasurer records (payments, delinquencies, mapping)
Barangay and municipal records (not ownership proof, but may show possession/claims)
DENR/Land Management status: whether land is alienable and disposable, public land, forest land, reservation, etc.
Surveys and technical identification (risk of overlaps, boundary disputes)
Chain of private documents (Deeds of Sale, waivers, quitclaims, partition agreements—each scrutinized)
Actual possession and improvements; neighbor attestations (supporting only)

High caution: Untitled transactions are high-risk and often require a path to titling/regularization; many “sales” are merely transfers of claims.

XI. Practical Checklist: How to Conclude Whether It Was Sold

A. To confirm it was sold and registered (strong conclusion):

RD CTC shows buyer as registered owner or old title is cancelled and new title issued.
RD confirms the deed’s entry and registration.

B. To confirm it was sold but not registered (limited conclusion):

Authentic notarized deed exists.
Seller had authority and capacity.
Taxes may or may not have been processed.
Title remains in seller’s name; buyer’s rights are vulnerable versus third persons.

C. To flag that the alleged sale is doubtful (red flags):

No RD trace, no entry details, no owner’s duplicate surrendered.
Deed not notarized or suspicious notarization.
Seller not the registered owner, or seller is deceased without authority documents.
Technical description in deed does not match title/lot data.
Annotations show dispute or restrictions inconsistent with claimed transfer.

XII. Common Misconceptions

“We already transferred the tax declaration, so ownership is transferred.” Tax declaration transfer is not title transfer.
“I have a deed of sale; that’s enough.” A deed is critical, but registration is what protects against third persons and updates the title.
“The owner’s copy of the title is clean.” The RD copy is the controlling public record; the owner’s copy may not show later annotations if not updated or may be tampered with.
“Notarized means guaranteed authentic.” Notarization strengthens a document but does not eliminate fraud; verify notarial details and authority.

XIII. Evidence and Documentation You Should Assemble (Best Practice File)

To verify and document your conclusion, compile:

RD Certified True Copy of title (recently issued)
Copy of owner’s duplicate title (for comparison)
Latest tax declaration(s) and tax clearance
Official receipts for RPT and transfer tax (if applicable)
BIR authorization for transfer (and tax payment proofs)
Notarized deed of sale and IDs/authority documents
RD entry details or certifications regarding registration status
If encumbered: mortgage documents and release/cancellation instruments

XIV. Summary of the Verification Standard

In Philippine practice, the cleanest and most defensible method to verify if a property was sold is:

Start with the RD Certified True Copy of the title (the “who owns it now” snapshot).
Check the annotations and ownership history reflected on the title.
Validate any claimed transfer through RD entry/document records (entry number, instrument registration, new title issuance).
Cross-check supporting tax and BIR/transfer documents to confirm that the transaction steps were actually performed.
Scrutinize the deed and notarization if registration is absent or contested.

This layered approach distinguishes between a claimed sale, a valid sale, and a registered sale—the distinctions that determine whether the transfer is enforceable, defensible, and reflected in government records.