HOW TO GET ORIGINAL CERTIFICATE OF TITLE 1. Surveying

Transcription

HOW TO GET ORIGINAL CERTIFICATE OF TITLE 1. Surveying
HOW TO GET ORIGINAL CERTIFICATE OF TITLE
1. Surveying – to be done by a licensed geodetic engineer.
2. Approval of Plan – Director of Lands of Regional Technical Director who has
jurisdiction in the place where property is located shall approve the plan. It
should contain technical description verified and certified b the Director of
Land or Regional Technical Director or authorized person to do the
certification.
3. Filling of Application – Application for land registration should be typewritten
and filed at the Regional Trial Court of the province or city where property is
located to contain the following:
a. Original Plan in the tracing cloth or Diaze Polyester Film of the Director of
Lands/Regional Lands Director/Regional Technical Director, or copy in the
tracing cloth attested and certified by the said official or the authorized person
plus two (2) extra print copies of said plan.
b. Three (3) copies of technical description verified and certified by Regional
Technical Director or his authorized official representative that conforms to
LRC Circular No. 365.
c. Three (3) copies of certificate coming from Surveyor or Geodetic Engineer or
Certificate of non-availability from Regional Technical Director.
d. Four (4) copies of latest Tax Declaration or Assessment Certificate from
Assessor’s Office where property is located.
The application should contain the following:
a. Lot description
b. Civil status of the applicant; if married, name of spouse; if separated,
where, when, what court gave the separation decision
c. Legal guardian if the applicant is minor including name and address
d. Applicant’s citizenship
e. If minor, statement of the parents.
f. Full name and address of the applicant; name of present occupants and
name of adjoining lot, owners if known; if not know, statement of how to
find the owners of the adjoining properties.
4. Land Registration Case Number – Clerk of Court will give Land Registration
Case No. upon acceptance of application.
5. Date of Hearing – The court will schedule the date and time of hearing of
application in compliance with Section 213 of PD 1529 and LRC Circular No.
353. The court order of first hearing will be sent to LRA including the duplicate
copy of application, original or certified copy of plan in tracing cloth; duplicate
original copy of technical description; surveyor’s certificate; latest tax
declaration; proof of payment of publication fee in the Official Gazette.
6. Publication – The notice of Initial Hearing proposed by LRA should be
published once in an Official Gazette and once in the newspaper of general
publication or circulation in the Philippines. The amount of Publication is
P1,012.50 if application is for one (1) lot with an additional amount of P322.50
for in excess of the first lot to be paid to the clerk of court upon filing of
application. The amount will be given to the Director of National Printing
Office.
7. Oppositions – All persons who claim ownership or interest in the land should
file an opposition to the court so he will be hear.
8. Evidence – The applicants and oppositions must show proofs or ownership in
time of hearing.
9. Decision – After hearing the court will render decision in favor of the person
who can prove his ownership. If the decision is final, the court will give order
to the administrator of LRA to give decree of registration to said claimant.
10. Decree of Registration – After receiving court order, the administrator of LRA
will give decree of registration and this will be numbered typewritten in the
original certificate of title and this will be delivered together with the owner’s
duplicate copy to the Register of Deeds, where property is located.
11. Certificate of Title – The Register of Deeds after receiving the original and
duplicate copies of the original certificate of title or decree of registration will
put OCT Number and will be kept at the vault of the registry. After payment of
legal fees, the duplicate owner’s copy of OCT will be given to the registered
owner.