Land Transfer at an Alternate Register of Deeds Office

Philippine Legal & Procedural Guide (2025 Edition)

Scope of this article – “Alternate Register of Deeds office” is used here as an umbrella term for any Registry of Deeds (RD) other than the principal RD that ordinarily has territorial jurisdiction over the land—e.g., an RD branch established under §6, Presidential Decree (PD) 1529; a temporary back-up RD designated when the principal office is closed for calamity-related repairs or computerization; or an “Anywhere-to-Anywhere (A2A)” e-Title window under the Land Registration Authority (LRA) where a fully computerized title may be dealt with even outside its home registry. Everything below assumes the land itself is inside the Philippines and already covered (or capable of being covered) by the Torrens system.

1. Constitutional & Statutory Foundations

Instrument	Key Provisions on Registration Venue
1987 Constitution, Art. XII §3	All lands of the public domain belong to the State; disposition is by law.
PD 1529 (Property Registration Decree, 1978)	• §2: One RD per province & HUC, but branch RDs may be created. • §55 et seq.: all deeds and voluntary instruments must be “entered, filed and annotated in the proper registry.”
Executive Order [series] & DOJ/LRA Circulars	Delegate the Justice Secretary & LRA Administrator to open/close branch RDs, name an alternate RD while the principal is inaccessible (e.g., LRA Circular No. 19-2019 on A2A; LRA Memo 2023-03 on “Disaster-Recovery Registries”).
Local Government Code 1991; PD 464 (as amended)	Basis for transfer and real-property taxes—prerequisite clearances are still secured at LGU of location even if filing is at an alternate RD.
National Internal Revenue Code (NIRC)	Capital Gains Tax (CGT), Documentary Stamp Tax (DST), or Donor’s / Estate Tax must be cleared at the BIR Revenue District Office (RDO) of situs before any RD—principal or alternate—will accept the instrument.
Act 3344 (for unregistered land)	Allows registration of deeds affecting unregistered property “in the proper Registry of Deeds” — in practice, the alternate RD must still sit within the same province/city or be expressly designated.

2. When May You Use an Alternate Register of Deeds?

Presence of a Statutory Branch RD A branch RD is treated as the “proper” registry for land in its catchment municipalities. The transfer is valid ab initio because the branch’s books are part of the provincial registry.
Temporary Closure / Calamity
- Fire, flood, cyber-attack, or building renovations can displace a principal RD. The LRA Administrator issues a designation order naming a nearby RD (often in the same region) as the alternate.
- All original books, day-book logs, and e-Title servers are mirrored to the alternate RD under LRA’s disaster-recovery protocol.
Computerization Roll-Out (e-Title Migration)
- During data-conversion, the LRA may freeze on-site dealings. An A2A-enabled RD can accept and process transfers so long as the affected titles are already in the database replication set.
“Anywhere-to-Anywhere” for Fully e-Titled Parcels
- A completely computerized title (with barcode & QR security features) can be dealt with at any A2A window nationwide.
- Limitation: instruments must still be executed in accordance with the property’s lex situs (e.g., LGU tax clearance, zoning compliance) and the new TCT printed bears the code of the home RD, not the alternate.
Absence of an RD in a Newly-Created Province/City
- Until an RD is organized, DOJ may authorize the mother-province RD to act in trust.

3. Step-by-Step Transfer Workflow (Alternate RD)

Deal Preparation & Tax Clearing
1. Notarize the deed (sale, donation, exchange, partition, etc.).
2. Secure BIR Certificate Authorizing Registration (CAR) and official tax payment receipts (CGT/DST/Donor/Estate).
3. Obtain LGU Transfer Tax receipt & Real-Property Tax (RPT) clearance.
4. Gather Owner’s Duplicate Title and previous deed of conveyance (if any).
Pre-Assessment at Alternate RD
- Present the designation order (if applicable) or cite the branch’s charter.
- RD staff checks: completeness of taxes, genuineness of title (via LRA Title Verification System), and match of technical description.
Entry in Day-Book
- Instrument is stamped with consecutive Entry No. ____ ; time-stamped, and logged into both: a. the alternate RD’s electronic log; and b. the home RD’s electronic database (real-time for e-Titles, batch for paper-titles).
Technical & Legal Examination
- Examiner of Deeds reviews signature, authority of signatories (e.g., board resolutions for corporations), and adverse claims.
- If the alternate RD is of different province/city, double-check that an LRA assignment order exists; else the examiner will refuse.
Payment of Registration Fees (per LRA Schedule of Fees)
- Assessed on market value or zonal value, whichever higher.
Issuance of New Title
- For paper titles: the Owner’s Duplicate is surrendered, canceled, and the new TCT printed on security paper bearing the original Title No. series but with a notation “Processed at Alternate RD per LRA Order No. ____.”
- For e-Titles: printed right at the alternate site with holographic seal.
Release & Post-Registration
- Claimant receives: (i) new Owner’s Duplicate TCT, (ii) certified true copy of deed with Registration Stamp, (iii) RD Official Receipt.
- Copies automatically transmitted to BIR, LGU Assessor, and DAR (if agricultural and >5 ha) via LRA e-Serbisyo.

4. Jurisdictional Concerns & Case Law

Issue	Guiding Ruling / Principle
Proper Venue	Munasque v. CA (G.R. L-88694, 4 Jul 1994) – registration outside territorial RD is void unless an enabling order exists.
Branch Equivalence	Director of Lands v. Aboganda (73 SCRA 606) – a duly created branch RD enjoys full faith and credit of a principal registry.
A2A Validity	LRA Memo-Cir. 19-2019 – transfers processed under A2A are as effective as those made at the home RD because database replication makes the act of registration simultaneous.
Fraudulent Double Registration	Spouses Abrajano v. Aquilino (G.R. 197849, 15 Aug 2016) – a second registration in another RD without a lawful order constitutes mirror doctrine breach; subsequent buyers in good faith are still protected if relying on the clean title.
Calamity-Induced Shifts	Republic v. Herbieto (G.R. 140927, 13 Dec 2007) – validation of reconstituted titles filed at alternate RD after records were burned during the 1998 Iloilo fire.

5. Practical Check-List Before You File

✅ Item	Why It Matters
Confirm that the alternate RD is officially designated or a statutorily-created branch.	Registration outside proper RD without authority risks void entry.
Make sure the title is on e-Title if invoking A2A.	Paper-based titles cannot yet be transferred “anywhere.”
Bring two photocopies of every document.	Alternate RDs transmit one set back to the home RD.
Have TIN & IDs of all parties.	BIR validation even post-CAR.
Pay Transfer Tax within 60 days of deed execution.	LGU will not issue clearance after the period and RD will not accept stale clearances.
Prepare to execute a Special Power of Attorney if using a representative.	RDs are strict; SPA must be notarized with ID and wet signature.

6. Fees Snapshot (2025 LRA Schedule)

Fee Type	Basis	Typical Range
Entry Fee	Per instrument	₱ 50
Registration Fee	0.25% of zonal value but not < ₱ 500	Usually ₱ 3 000 – ₱ 200 000
Certification (CTC)	Per page	₱ 200
e-Title Convenience (A2A)	Flat	₱ 500

(Local surcharges may apply; check the alternate RD’s cashier window.)

7. After Registration

Update Tax Declaration – file a sworn declaration with the Municipal/City Assessor so the new owner’s name appears in the Real-Property Tax (RPT) roll.
BIR eCAR Validation – use the ORUS portal to verify that the CAR is tagged “REGISTERED.”
Annotate Related Interests – mortgages, easements, or lease contracts can now be entered on the new title.
If agricultural & > 5 ha – secure Department of Agrarian Reform (DAR) clearance within 90 days or risk cancellation.

8. Frequently Asked Questions (FAQ)

Question	Short Answer
Can I choose any RD I like?	Only if (a) it is a branch RD covering the situs, or (b) the title is e-Titled and the RD runs A2A.
Is there an extra fee at an alternate RD?	No statutory surcharge. Some branches charge a small “ICT service” fee (₱ 500 max) for A2A.
Will the new TCT bear the alternate RD’s series?	No. The series prefix follows the home RD; only a footnote shows where the processing occurred.
What if the principal RD re-opens while my deal is pending?	The alternate RD finishes processing. Duplicate files are forwarded; you need not refile.
Can unregistered land be recorded in an alternate RD?	Yes, but only if the alternate RD is within the same province/city or expressly designated; else, Act 3344 registration is void.

9. Common Pitfalls & How to Avoid Them

Ignoring LGU Tax Clock – Transfer Tax is often the bottleneck; file within statutory period or pay penalties.
Submitting Scanned Titles – Alternate RDs require the physical Owner’s Duplicate unless using e-Title.
Wrong RDO for BIR Clearance – CAR must come from the RDO where the property is located, not where you file.
Assuming A2A Covers Paper Titles – verify the title’s certification page; if it lacks barcode/QR, it is still paper-based.
Unnotarized Corrections – any erasure on the deed voids it; execute a separate Affidavit of Correction.

10. Policy Outlook

Nationwide e-Title target: 95 % of all titles by 2028; expect more RDs to be interchangeable.
Blockchain PILOT: LRA Sandbox 2024/25 aims to record hash of each new title on a public ledger—alternate RD entries will auto-sync on-chain, improving fraud detection.
Unified Fees Bill (HB 9215, pending Senate): proposes a single-window payment that will remove provincial variability in transfer fees even when using alternate RDs.

11. Closing Note & Disclaimer

Transitions between principal and alternate Registers of Deeds are now routine thanks to computerization, but venue still matters. Always confirm the alternate RD’s legal authority, observe tax-clearance timelines, and match your paperwork to the land’s situs.

This article is for general informational purposes and does not constitute legal advice. For specific transactions, consult a Philippine lawyer or the Land Registration Authority.