Where to File with the Registry of Deeds for San Jose, Montalban (Rodriguez), Rizal

Executive summary

All instruments affecting land located in Barangay San Jose, Rodriguez (formerly “Montalban”), Rizal must be presented for registration at the Registry of Deeds (RD) for the Province of Rizal, which exercises territorial jurisdiction over the municipality of Rodriguez. Registration is location-based: you file where the land lies (“lex rei sitae”), not where the parties live or signed the document.

Legal basis & governing agencies

Torrens system & PD 1529 (Property Registration Decree). The Land Registration Authority (LRA) supervises all Registries of Deeds. Under the Torrens system, a voluntary or involuntary instrument takes effect against third persons only upon registration with the RD that has jurisdiction over the land.
Civil Code & special laws. Taxes (National Internal Revenue Code), transfer taxes (Local Government Code), and special registers (e.g., chattel vs. real property, condominium laws) dovetail with PD 1529.
Local government coordination. Provincial and municipal treasurers issue transfer tax receipts and real property tax clearances that the RD typically requires before registration of transfers.

Territorial jurisdiction: why Rizal RD is the proper office

Municipality: Rodriguez (legal name) is historically known as Montalban and is within the Province of Rizal.
Barangay: San Jose is a barangay of Rodriguez.
Result: Instruments affecting land there (deeds of sale, mortgages, releases, easements, affidavits, adverse claims, notices of lis pendens, etc.) are filed with the Registry of Deeds for Rizal (Antipolo City).
Border situations:
- If a single titled lot straddles two RD jurisdictions (rare), register in each RD for the portion within its district.
- If you’re transferring several lots in different municipalities, file separate sets with the RD that covers each municipality.

Practical note: “Marikina RD” and “Quezon City RD” do not have jurisdiction over land in Rodriguez, even if the parties reside or signed there.

Who can file (the “presentor”)

Any party in interest or an authorized representative (with specific SPA).
For corporations: board authority/resolution and Secretary’s Certificate.
Presentor must bring valid government ID matching the name on the instrument or SPA.

What you can file: common transactions & core requirements

Below are baseline checklists. The RD can require more if the document raises red flags (name mismatches, boundary changes, tax arrears, etc.).

1) Transfer by sale (absolute deed of sale)

Notarized Deed of Absolute Sale (complete description of property, TCT/OCT no., area, technical boundaries).
Owner’s duplicate title (TCT/OCT).
BIR eCAR (Electronic Certificate Authorizing Registration) for capital gains/creditable withholding & DST proof.
Provincial/Municipal Transfer Tax receipt (Rizal).
Real Property Tax (RPT) clearance from Rodriguez.
Latest tax declaration (assessor) and tax map control if new.
Valid IDs of parties; TINs of transferor and transferee.
Proof of marital status; SPA/Board Resolution if applicable.

2) Mortgage / Real Estate Mortgage (REM)

Notarized REM; description of debt/obligation.
Owner’s duplicate TCT/OCT.
DST and RD fees; Certificate of Registration for the financing company if needed.
If a bank: standard bank certifications; if a loan take-out, include prior annotations.

3) Release/Satisfaction of Mortgage

Notarized Release of Mortgage by mortgagee.
Owner’s duplicate title.
RD fees; sometimes the original mortgagee’s ID or corporate authority.

4) Extra-judicial settlement (EJS) / Transfer by succession

Notarized EJS (or court order if judicial).
Proof of publication (for EJS among heirs).
BIR eCAR (Estate Tax) and DST if applicable.
Transfer Tax (provincial/municipal), RPT clearance, IDs, title, tax dec.

5) Donation

Deed of Donation, BIR eCAR (Donor’s Tax), DST, Transfer Tax, RPT clearance, IDs, title, tax dec.

6) Adverse claim / Notice of lis pendens / Other involuntary dealings

Notarized affidavit or court order with complete title references; RD fees.
For lis pendens, include the case title/number and court details.

7) Technical actions (subdivision/consolidation, reconstitution)

Approved survey plans and technical descriptions (DENR-LMS/LMB approvals).
Court order (for judicial reconstitution) or administrative papers (for administrative reconstitution), as applicable.

How the filing works (from counter to new title)

Intake/Primary Entry. Your instrument is presented and stamped with a document entry number and date/time in the Primary Entry Book. Legally, priority is based on this entry (notarization date does not control priority).
Fee assessment & payment. Registration fee scales with the nature/amount; you’ll get an official receipt.
Examination. The examiner checks authenticity, completeness, tax compliance, identity, and consistency of technical data.
Annotation/Issuance.
- Dealings (mortgage, adverse claim) → annotation on the existing title.
- Transfers → cancellation of old TCT and issuance of new TCT in transferee’s name; encumbrances carry over unless released.
Release. Pick up the owner’s duplicate with new annotations or new title (plus CCT for condos).

Processing times vary by complexity and RD workload; involuntary dealings and court-ordered acts may move faster than full transfers because they don’t cancel titles.

Fees & taxes (high-level)

BIR taxes:
- Capital Gains Tax (CGT) for individuals/corporations selling real property classified as capital asset; or Creditable Withholding Tax (CWT) for ordinary assets.
- Documentary Stamp Tax (DST) on the instrument (sale, mortgage, donation).
- Estate/Donor’s Tax where applicable.
Local taxes: Provincial/Municipal Transfer Tax (based on consideration or fair market value), RPT arrears must be settled.
RD fees: Registration fee (graduated), entry/annotation fees, copy fees.
Engineering/assessor fees**:** If there’s subdivision, consolidation, or new tax mapping.

Title particulars you’ll need ready

Exact TCT/OCT number (and CCT for condos).
Lot and block/plan numbers, survey details.
Registered owner name(s) exactly as titled (including middle names and suffixes).
Area in square meters and property address (Barangay San Jose, Rodriguez, Rizal).

Document standards that avoid delays

Notarization: Within the Philippines by a duly commissioned notary; if executed abroad, apostille/consularized plus Philippine notarization of the SPA if used locally.
Names & capacity: Consistent spelling; indicate civil status; conjugal properties require spousal consent.
TINs: Both transferor and transferee must have BIR TINs for eCAR.
Complete property description: Title number, lot/plan numbers, area, and municipal/barangay location (San Jose, Rodriguez, Rizal).
No blank spaces/erasures; use corrections properly initialed and notarized if unavoidable.
SPA/Board resolutions: Specific to the property and act (sell, mortgage, receive title, etc.).

Special situations

Condominiums in Rodriguez: File at the Rizal RD (CCTs reference the parent TCT within the same RD).
Right-of-way, easements, or boundary agreements: Register as voluntary dealings with attached plans/sketches.
Judicial attachments, writs, or notices: Sheriff/counsel files the annotated writ as an involuntary dealing.
Lost owner’s duplicate: Secure a court order (or follow administrative reconstitution where applicable) before RD can act on a transfer.
Different names for the same town: “Montalban” and “Rodriguez” refer to the same municipality; using either in documents is acceptable if the province (Rizal) and title references match.

Practical tips before you line up

Sequence matters: Pay BIR taxes → secure eCAR → pay Transfer Tax (Rizal) → get RPT clearance → then go to RD.
Bring photocopies of everything plus the originals.
Payment: Prepare cash or manager’s check payables as the RD specifies; small over/underpayments cause return trips.
Check encumbrances on the seller’s title and ensure releases are filed simultaneously if you expect a “clean” new title.
Multiple lots / one deed: If lots are covered by different titles or different municipalities, expect separate assessments and sometimes separate processing streams.
Follow-up: Keep the Primary Entry Number and Official Receipt; those are your control references for status inquiries.

Frequently asked questions (FAQ)

Q1: Can I file in Quezon City or Manila because it’s closer to me? No. Registration must be with the Rizal RD because the land is in Rodriguez.

Q2: My deed uses “Montalban,” not “Rodriguez.” Is that a problem? No. They’re the same municipality. Just ensure Rizal is indicated and the title numbers/technical descriptions match.

Q3: Do I need the owner’s duplicate title for a mortgage? Generally yes. The mortgage is annotated on the owner’s duplicate; lenders often hold it until release.

Q4: Can I register first and pay taxes later? No. For transfers and mortgages, tax compliance forms (eCAR, DST) are prerequisites to RD registration.

Q5: How do I correct a misspelled name on the title? Through a petition for administrative correction (for clerical errors) or a court petition (substantive changes), then register the order with the RD.

One-page checklist (for San Jose, Rodriguez/Rizal transfers)

Notarized deed (sale/donation/EJS) with full property description.
Owner’s duplicate TCT (or CCT).
BIR eCAR + DST proof.
RPT clearance (Rodriguez) + latest tax declaration.
Transfer Tax (Rizal Province / Rodriguez LGU).
Valid IDs/TINs of parties; SPA/Board resolution if applicable.
RD forms, fee assessment, Primary Entry stamping.
Wait for annotation/new title release; keep receipts and entry number.

Bottom line

For any land located in Barangay San Jose, Rodriguez (Montalban), Rizal, the proper office is the Registry of Deeds for the Province of Rizal (Antipolo City). Preparing complete tax clearances, correct notarization, and precise title details will keep registration smooth and prevent avoidable rejections.