Where to Request a Certified True Copy of a Notarized Deed of Sale

Introduction

In the Philippines, a Deed of Sale is a legal document that formalizes the transfer of ownership of property—whether real estate, vehicles, or other assets—from a seller to a buyer. When this document is notarized, it gains presumptive validity under Philippine law, serving as prima facie evidence of the authenticity of the signatures and the due execution of the agreement. Notarization is typically performed by a licensed notary public, who affixes their seal and signature after verifying the identities of the parties and ensuring their voluntary consent.

A certified true copy (CTC) of a notarized Deed of Sale is an authenticated reproduction of the original document, certified by an authorized entity to be a faithful and accurate duplicate. This CTC is often required for various legal, administrative, or transactional purposes, such as property registration, tax declarations, loan applications, or court proceedings. It holds the same evidentiary weight as the original in most contexts, provided it is properly certified.

Understanding where and how to obtain a CTC is crucial, as the process varies depending on the type of property involved, whether the deed has been registered, and the custodian of the records. This article provides a comprehensive overview of the avenues available for requesting a CTC, the procedural steps, required documents, potential fees, and relevant legal frameworks in the Philippine context.

Legal Basis for Certified True Copies

The issuance of certified true copies is rooted in several Philippine laws and regulations:

• 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC): This governs the duties of notaries public, including the maintenance of notarial registers where copies of notarized documents are recorded. Notaries are authorized to issue CTCs from their records.

• Civil Code of the Philippines (Republic Act No. 386): Articles 1358 and 1403 emphasize the importance of written and notarized instruments for contracts involving immovable property or significant amounts, underscoring the need for authenticated copies.

• Property Registration Decree (Presidential Decree No. 1529): This mandates the registration of deeds affecting real property with the Register of Deeds (RD), which then becomes the official repository for such documents and can issue CTCs.

• Land Transportation and Traffic Code (Republic Act No. 4136): For deeds involving vehicles, registration with the Land Transportation Office (LTO) is required, and CTCs can be obtained from LTO records.

• Local Government Code (Republic Act No. 7160): Local government units (LGUs) may hold records for tax-related purposes, allowing for CTC issuance in certain cases.

• Rules of Court: In judicial contexts, clerks of court can certify copies if the deed is part of court records or notarial reports submitted to them.

These laws ensure that CTCs are reliable and admissible in evidence, with penalties for falsification under the Revised Penal Code (Republic Act No. 3815).

Types of Notarized Deeds of Sale and Their Implications

Deeds of Sale can be categorized based on the property type, which influences where a CTC can be requested:

• Deed of Absolute Sale for Real Property: Commonly used for land, buildings, or condominiums. After notarization, it must be registered with the RD to effect transfer of title.

• Deed of Sale for Movable Property: For items like vehicles, machinery, or personal belongings. Registration may be required with specific agencies (e.g., LTO for cars).

• Conditional Deed of Sale: Where transfer is subject to conditions, such as full payment. CTC requests follow similar paths but may require proof of condition fulfillment.

For unregistered deeds, the primary source is the notary; for registered ones, the registering authority takes precedence.

Primary Places to Request a Certified True Copy

1. From the Notary Public Who Notarized the Deed

The notary public is often the first and most direct source for a CTC, as they maintain a notarial register containing copies of all documents they have notarized.

• Eligibility: Any party to the deed or their authorized representative can request a CTC. Third parties may need a court order or subpoena if the document is confidential.

• Procedure:

  • Locate the notary using details from the original deed (name, commission number, and office address).
  • Visit the notary's office in person or send a written request.
  • Present identification and, if applicable, proof of relationship to the document (e.g., original deed or authorization letter).
  • The notary verifies the record in their notarial book and issues the CTC, affixing their signature, seal, and a certification statement.

• Requirements:

  • Valid government-issued ID (e.g., passport, driver's license).
  • Copy of the original deed (if available).
  • Payment of fees.

• Timeline: Usually same-day or within 1-3 days, depending on the notary's workload.

• Fees: Notarial fees are regulated by the Supreme Court. A CTC typically costs PHP 100-500 per page, plus additional charges for certification.

• Limitations: Notaries' commissions expire every two years, so if the notary's commission has lapsed or they have passed away, records may be transferred to the Executive Judge or Clerk of Court of the Regional Trial Court (RTC) in the notary's jurisdiction.

2. From the Register of Deeds (RD)

For deeds involving real property, registration with the RD is mandatory to bind third parties. The RD office, under the Land Registration Authority (LRA), maintains official records and can issue CTCs.

• Eligibility: Owners, buyers, or authorized agents; third parties with legitimate interest (e.g., banks for mortgages).

• Procedure:

  • Identify the RD office covering the property's location (each city/municipality has one).
  • Submit a written request or fill out the RD's application form.
  • Provide details like the deed's entry number, date of registration, and property description (from the title).
  • Pay fees and wait for processing.

• Requirements:

  • Original or photocopy of the deed or title number.
  • Valid ID and authorization if not the owner.
  • Proof of payment of real property taxes (if applicable).

• Timeline: 3-7 working days; expedited services may be available.

• Fees: PHP 20 per page for CTC, plus PHP 30 certification fee, as per LRA guidelines. Additional costs for annotations or searches.

• Special Notes: If the deed led to a new Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT), the CTC may include annotations from the title.

3. From the Land Transportation Office (LTO) for Vehicle Deeds

If the Deed of Sale pertains to a motor vehicle, it must be registered with the LTO to update the Certificate of Registration (CR) and Official Receipt (OR).

• Eligibility: Buyer or seller; authorized representatives.

• Procedure:

  • Visit the LTO district office where the vehicle is registered.
  • Submit a request for CTC of the registered deed.
  • LTO verifies against their database.

• Requirements:

  • Original CR/OR.
  • Valid ID.
  • Notarized Deed of Sale (or copy).

• Timeline: 1-5 days.

• Fees: PHP 100-300, depending on the document type.

4. From the Clerk of Court or Executive Judge

If the notary has submitted reports to the RTC or if the deed is part of judicial records (e.g., in annulment or inheritance cases), the Clerk of Court can issue CTCs.

• Procedure: File a request with the RTC in the notary's jurisdiction. For archived notarial records, contact the Executive Judge.

• Requirements: Court order if not a party; otherwise, ID and deed details.

• Fees: PHP 50-200 per document.

5. From Local Government Units (LGUs) or Other Agencies

• Assessor's Office: For tax declaration purposes, LGUs may hold copies and issue CTCs for property tax-related deeds.
• Bureau of Internal Revenue (BIR): If the deed was used for capital gains tax or documentary stamp tax, the BIR may provide CTCs from their files.
• Securities and Exchange Commission (SEC): For corporate assets, if applicable.

Step-by-Step Guide to Requesting a CTC

1. Identify the Custodian: Determine based on property type and registration status.
2. Gather Documents: Prepare IDs, deed copies, and authorizations.
3. Submit Request: In person or via authorized channels (some offices accept online requests post-COVID).
4. Pay Fees: Use official receipts to avoid scams.
5. Receive CTC: Ensure it bears the certifying officer's signature, seal, and date.
6. Verify Authenticity: Check for security features like dry seals or holograms.

Common Challenges and Solutions

• Lost Original: If the original is lost, a CTC can serve as a substitute, but an affidavit of loss may be required.
• Disputes: In cases of forgery claims, a court may need to intervene.
• Outdated Records: Digitalization efforts by LRA and LTO have improved access, but older records may require manual searches.
• Jurisdictional Issues: Ensure the request is filed in the correct office to avoid delays.

Importance and Uses of CTCs

CTCs prevent fraud by providing verifiable duplicates. They are essential for:

• Property transfers.
• Loan collateral.
• Inheritance proceedings.
• Legal disputes.
• Government compliance.

Conclusion

Obtaining a certified true copy of a notarized Deed of Sale in the Philippines is a straightforward process when approached systematically, leveraging the appropriate custodial office. By adhering to legal requirements and procedures, individuals can secure authenticated documents efficiently, ensuring compliance and protecting their interests under Philippine law.