How to Transfer Certificate of Title in Metro Manila Philippines

Reposting from my Multiply account:

If someone wants to buy a lot, his first notion was to get a real estate broker to do all the processing. But if the buyer has ample time, with just a few knowledge and some resourcefulness, he can surely do all the processing without having to throw-off some extra bucks for service charges.

Here are the few easy steps to transferring your newly acquired lot under your name:

Summary of requirements

1. Preparation of the deed of sale and ratification by notary public.
2. Obtain a certified true copy of latest tax declaration from the Assessor’s Office of the city where the lot is located.
3.Payment of Documentary Stamp Tax and Capital Gains Tax at an authorized bank.
4. Obtain tax clearance (or Certificate Authorizing Registration(CAR)) from the Bureau of Internal Revenue
5. Obtain a tax clearance certificate of Real Estate Taxes from the Treasurer’s Office of the city where the lot is located.
6. Payment of transfer tax at the Treasurer’s Office of the city where the lot is located.
7. Apply with the Assessor’s Office at the City Hall for the issuance of a new tax declaration over the building in the name of buyer.
8. Apply for registration with the Register of Deeds where the lot is located.

Registration Requirement Details - based on my experience

Procedure 1.: Preparation of the deed of sale and ratification by notary public.
Time to complete:: Within the day
Comment:: Anyone can prepare the document, however, the deed of sale must be ratified before the notary public and it is common for him to draft it and conduct the whole process on behalf of the parties. The buyer may opt to furnish his own deed of absolute sale or may have the form packaged with the notary public for an additional fee. A sample format can be found here.

Choose a reputable Notary Public to process your documents. I had it processed at the UP (University of the Philippines) Law Office just to be sure.

You have to pay for the Capital Gains tax within 5 days after the close of the month when the taxable document (deed of Absolute Sale) was signed or within 30 days after the sale, whichever is earlier otherwise you have to pay for additional fines.

Procedure 2.: Obtain a certified true copy of latest tax declaration from the Assessor’s Office of the city where the property is located.
Time to complete:: 1 day
Comment:: The seller or buyer (depending on both party's agreement) obtains a certified true copy of the latest tax declaration from the Assessor’s Office. The Assessor's Office is usually located within the city hall. A fee will be charged for the certification.

Procedure 3.: Payment of Documentary Stamp Tax and Capital Gains Tax at an authorized bank
Time to complete:: 1 day
Cost to complete:: 1.5% of property value (Documentary Stamp Tax)
Name of Agency:: To be paid at assigned bank, addressed to the BIR.
Comment:: The seller files the Documentary Stamp Tax return and Capital Gains Tax return with the authorized agent bank in the Revenue District the lot is assigned. The Revenue District Office(RDO) is the BIR Office for the lot's assigned revenue district. List of accredited banks is posted at your respective RDO. Assessors within the RDO will provide you with a form indicating the total amount and the break down of all your payables to be paid at one of the RDO's affiliate banks. This is done within 5 days after the close of the month when the taxable document was signed or within 30 days after the sale, whichever is earlier. The taxes are paid at the authorized bank to the account of the Bureau of Internal Revenue. The Capital Gains Tax is 6% of capital gains based on selling price, fair market value or zonal value, whichever is higher.
The Documentary Stamp Tax is 1.5% based on selling price or fair market value, whichever is higher.

The documentation shall include:
- Original copy and photocopy of notarized deed of sale of building (obtained in Procedure 1)
- Certified true copy of transfer certificate of title (in the name of seller)- Certified true copies are obtained at the Registry of Deeds where the lot was registered/located. A fee will be tendered for the certification and usual procedure takes 3 days to complete. "Rush" certifications with additional fee( bribe! ) will enable you to get it within the day.
- Certified true copy of latest tax declaration (in the name of seller) (obtained in Procedure 2)
- Photocopy of the latest realty tax receipt.; - Letter of request for certificate of authority to register.
- Identification card of the person requesting.
- Vicinity Map of the lot (to be accomplished by a Geodetic Engineer, but in my case I have the original Survey Plan of the lot, so I just have the Vicinity Map part photocopied)

Procedure 4.: Obtain tax clearance (or Certificate Authorizing Registration) from the Bureau of Internal Revenue /RDO where the lot is located.
Time to complete:: Up to 14 days
Name of Agency:: Bureau of Internal Revenue
Comment:: After paying the taxes in Procedure 3, the seller must obtain a tax clearance (or Certificate Authorizing Registration) from the Bureau of Internal Revenue. This certificate will authorize the registration of the property.

The documentation shall include:
- Certified true copy of transfer certificate of title (in the name of seller)
- Certified true copy of latest tax declaration (in the name of seller) (obtained in Procedure 2)
- Tax identification numbers - (a one-time usage TIN will be issued by BIR for FREE in case any of the parties doesn't own a TIN number.)

Procedure 5.: Obtain a tax clearance certificate of Real Estate Taxes from the Treasurer’s Office where the lot is located.
Time to complete:: 1-3 days
Name of Agency:: Treasurer's Office
Comment:: The seller, after paying any due amounts, obtains a tax clearance certificate from the Treasurer’s Office of the Local Government Unit, usually at the City Hall.
The documentation shall include: an original of the official receipt evidencing payment by seller of realty taxes.

Procedure 6.: Payment of transfer tax at the Treasurer’s Office of the city where the lot is located.
Time to complete:: 1 day
Cost to complete:: 0.75% of property price (transfer tax) + PHP 125 (certificate of payment)
Name of Agency:: Treasurer's Office
Comment:: The transfer tax must be paid at the Treasurer’s Office of the city where the lot is located.

The documentation shall include:
- Certificate Authorizing Registration from the Bureau of Internal Revenue (obtained in Procedure 4)
- Realty tax clearance from the Treasurer’s Office of Manila (obtained in Procedure 5)
- Official receipt of the Bureau of Internal Revenue (for documentary stamp tax) (obtained in Procedure 4)

Procedure 7.: Apply with the Assessor’s Office for the issuance of a new tax declaration over the building/lot in the name of buyer
Time to complete:: 3 days or more (they will give you a follow up number, to check if your document is already available)
Cost to complete:: no cost
Name of Agency:: Assessor’s Office
Comment:: The buyer applies with the Assessor’s Office of Manila for the issuance of a new tax declaration over the building in his name.

The documentation shall include:
- Photocopy of notarized deed of sale of building (obtained in Procedure 1)
- Certified true copy of latest tax declaration (in the name of seller) (obtained in Procedure 2)
- Certificate authorizing registration from the Bureau of Internal Revenue (obtained in Procedure 4)
- Realty tax clearance from the Treasurer’s Office of Manila (obtained in Procedure 5)
- Photocopy of official receipt of transfer tax payment (original copy to be presented) (obtained in Procedure 6)
- 2 3x5 photos of the lot you are going to buy along with the improvements therein.

Procedure 8.: Apply for registration (Transfer Certificate of Title) with the Register of Deeds.
Time to complete:: About 10 days or more (you still have to follow up on phone calls,and in my case, at the claiming date indicated the title was still unavailable! ) ( I guess they are very busy entertaining "RUSH" applications.
Cost to complete:: PHP 8,796 for properties with a value up to PHP 1,700,000 + PHP 90 for every PHP 20,000 (or fraction thereof) in excess of PHP 1,700,000 + PHP 30.00 (Registry Entry Fee) + PHP 60.00 (transfer certificate of title) + PHP240 for submission of secretary's ce
Name of Agency:: Register of Deeds
Comment:: The buyer applies for registration with the Register of Deeds where the lot is located.
The following internal steps take place after the application is submitted:
1. The Entry clerk receives and enters all documents in the primary Entry Book (Judicial form No. 39) and notes therein the day, hour and minute of reception of all instrument in the order in which they are received.
2. Documents are then brought to the Registrar of Deeds (RD) or Deputy Register of Deeds for assignment.
3. Documents/Titles are assigned by the RD to the Land Registration Examiner (LRE) who prepares computation and order of payment of registration fees.
4. Pay registration fee to the cashier, who shall issue official receipt. Fixed fees are computed based on a schedule of Fees approved by the Department of Justice.
5. Upon the payment of the fees, the document is forwarded to the LRE who reviews the same and determines whether or not it is ready to register. The owner’s copy of the title is compared to the title on file, produced by Records Officer/Vault keeper.
6. If the instrument is not ready to be registered, the LRE recommends its denial to the RD. If the instrument is ready, the LRE likewise recommends to the RD the registration of the document through a routing slip.
7. RD reviews examination, and once same is approved, assigns documents to clerk for action, with instruction on the route slip.
8. If the transaction involves issuance of title, Records Officer/Judicial Form Custodian records the transaction in the logbook releases sets of title forms (judicial form) and assigns the corresponding title control number to the set of titles issued to the action clerk.
9. Assigned employee acts on the documents, as instructed.
10. Final registration – RD signs titles and documents.
11. Release of documents – by the releasing clerk to the buyer who should be ready with ID and copies of official receipts of the registration fees.

The documentation shall include:
- Articles of incorporation and by-laws of the buyer
- Secretary’s certificate containing the resolution of the board of directors of buyer approving the sale
- Original copy of owner’s duplicate of the transfer certificate of title (in the name of seller)
- Certificate authorizing registration from the Bureau of Internal Revenue (obtained in Procedure 4)
- Realty tax clearance from the Treasurer’s Office ( obtained in Procedure 5)
- Official receipt of transfer tax payment (obtained in Procedure 6)
- Official receipts of the Bureau of Internal Revenue (for capital gains tax and documentary stamp tax) (obtained in Procedure 3)

ALL DONE !

Some important note:
Before leaving the Registry of Deeds, make sure that your Transfer Certificate of Title is error free. Mostly typographical errors. It is better to check it this early or it will cost you a lot for correction later on!

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