How to obtain Original Certificate of Title (OCT)
|posted November 5, 2009 11:00AM|
| realty || |
HOW TO OBTAIN AN ORIGINAL CERTIFICATE OF TITLE
The principal function of the Land Registration Authority (LRA) is the issuance of land titles. The following are the steps in the judicial registration of land leading to the issuance of the original certificate of title.
1. SURVEY OF LAND – The land must be surveyed by a licensed surveyor who shall prepare a plan on tracing cloth or Diazo Polyester Film.
2. APPROVAL OF PLAN – The plan should be approved by the Director of Lands/ Regional Lands Director/ Regional Technical Director having jurisdiction of the place where the property is situated. Said plan must be accompanied by the corresponding technical description and that the same must be verified and certified by the Director of Lands/ Regional Technical Director or his duly authorized official representative to make such certification.
3. FILING OF APPLICATION – The application for land registration shall be in writing and be filed in the Regional Trial Court of the place where the land is situated. It shall be prepared in triplicate, signed and sworn to by the applicant.
The application must be presented in triplicate to the Regional Trial Court of the province or city where the land is located accompanied by:
(a) The original plan on tracing cloth or Diazo Polyester Film properly attested and certified by the said office or the official authorized to make such certification together with two (2) print copies thereof;
(b) Three (3) copies of the technical description duly verified and certified by the Regional Technical Director or his duly authorized official representative and that the same must be in due form consistent with LRC Circular No. 365;
(c) Three (3) copies of the surveyor’s/ Geodetic Engineer’s Certificate or certificate of non-availability from the Regional Technical Director and;
(d) Four (4) copies of the latest Tax Declaration Assessment Certificate from Assessor’s Office of the place where the land is situated.
The application shall contain the following data and information:
4. LAND REGISTRATION CASE NUMBER – The Clerk of Court shall assign the “Land of Registration Case Number” upon receipt of the application.
5. DATE OF HEARING – The Court shall set date of hearing of the application in accordance with Section 23 of PD 1529 and LRC Circular No. 353. The Court Order setting the date initial hearing shall be sent to LRA together with the duplicate copy of the application; original or certified copy of plan on tracing cloth or Diazo Polyester Film; duplicate original copy of the technical description; surveyor’s certificate, latest Tax Declaration; and proof of payment of publication fee in the Official Gazette.
6. PUBLICATION – The Notice of Initial Hearing prepared by LRA shall be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines. The cost of publication in the amount of PHP 1,265.75 if the application embraces 1 lot and additional amount of PHP 403.25 for every lot in excess of the first shall be paid by the applicant to the Clerk of Court upon filing of his application who shall remit the same to the Director, National Printing Office.
7. OPPOSITIONS – All persons who claim ownership or any interest in the land may file in court oppositions to the application so that their rights may be heard.
8. EVIDENCE – The applicant and the oppositors shall present evidence to prove their ownership during the hearing.
9. DECISION – After hearing, the court shall render decision confirming the title of the person who has proven his ownership. When the decision becomes final, the court shall issue an Order directing the Administrator of the LRA to issue a Decree of Registration in favor of the said person.
10. DECREE OF REGISTRATION – Upon receipt of said Court Order, the Administrator of the LRA shall issue a DECREE OF REGISTRATION and that the same shall be numbered, typed in the Original Certificate of Title itself and that the original and owner’s duplicate copies of the same be sent to the Register of Deeds of the place where the property is located.
11. CERTIFICATE OF TITLE – Upon receipt by the Register of Deeds of the Original and duplicate copies of the Original Certificate of the Title of Decree of Registration, the Register of Deeds shall issue the owner’s duplicate copy of the Original Certificate of Title to the registered owner upon payment of legal fees.
12. SUBSEQUENT TRANSACTION - An OCT is issued only once, subsequent transaction or negotiation of the lot in sales, mortgage, subdivision or consolidation will result in issuance of a Transfer of Certificate of Title (TCT) already.
BEWARE OF SCAMS IN REAL ESTATE TRANSACTIONS. ALWAYS CONSULT A REAL ESTATE BROKER / LAWYER / PARALEGAL.
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realty: updated on November 5, 2009 11:00AM
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