Clean Land Title ba ang hawak mo?
Marami mga fake land titles ngayon dahil sa mga scammers and fraudulent sales of lands in the Philippines, kaya mahalaga na ma-verify muna kung authentic ang land title at makatiyak na walang legal restrictions or legal claims on the land.
Ang magandang simula nyan ay ma-check mo sa Registry of Deeds (RD) where the land is situated kung talagang authentic or genuine ang land title. You can compare ang title na hawak mo sa title na meron ang RD. Bawat probinsya or munisipyo ay may kanya kanyang RD yan, which is the repository of original titles to all registered lands within its limits. Ang mga land owners ay may hawak na Owner’s Duplicate Certificate which corresponds to the original title on file with the RD.
Ang Owner’s Duplicate Certificate is either an Original Certificate of Title (OCT), kung ito ang utang na-issue on the land, or a Transfer Certificate of Title (TCT), if it was issued after OCT. A TCT is usually issued after the title is transferred to someone from the first registered owner, with the OCT being canceled. All subsequent transfers (whether by sale, donation or any other legal means) will also result in the issuance of a TCT.
Ang isa pang maganda puntahan to verify a land title is the Land Registration Authority (LRA). Ang LRA ay isang sangay ng gobyerno that issues decrees of registration and certificates of land titles. But most of the work of the LRA, however, is carried out by the 168 RDs located nationwide, so the RD of each province or city would be the best place to determine a title’s authenticity or existence.
Ayon sa LRA, below are some guidelines to spot fake titles:
1. Check mo kung iyong initials, pirma or signatures, technical description, annotation and other component elements appearing on the front and at the back of the original title are exactly the same as that appearing on the owner’s duplicate certificate of title. Pag may naiba, mag duda ka na;
2. Bawat land title ay may serial number assigned to it. The serial number for the original title is printed in red and the serial number for the owner’s duplicate certificate is in black. The LRA distributes the title forms with serial number in consecutive order to the various RDs. Any certificate of title bearing a serial number which is not among the ones delivered to a particular RD is of doubtful authenticity;
3. The words Judicial Form appear on the upper left-hand corner of each title. If it is an OCT it shows Judicial Form 108-D and if it is a TCT it shows Judicial Form 109-D. Immediately below the Judicial Form number is the year the form was printed or revised. If, for instance, below the words Judicial Form 109-D, the phrase “(Revised January 1985)” appears, and on the bottom right portion of the title besides the seal it indicates that it was entered on a date in 1980, then this is a ground for suspicion;
4. The owner’s duplicate copy of the title contains the words “Owner’s Duplicate Certificate” on the left side margin of title. On the lower left corner of the form is affixed a red seal. The seal should not blot or stain when wet;
5. The last two digits of the title number (usually preceded by either the words Original Certificate of Title or Transfer Certificate of Title) should correspond with the page number of the registration book indicated on the upper right-hand corner of the title. Any variance should be investigated;
6. The title is printed on security paper which contains security features. The paper is 50% cotton and 50% chemical wood pulp with artificially colored silk fibers. It has a NALTDRA or LRA watermark which can be seen if held against the light. Patently fake titles are usually printed on materials of inferior quality.
7. Check if the Registrar of Deeds who signed the title was the incumbent Registrar of Deeds at the time the title was issued;
8. If necessary, trace the history of the title to determine the genuineness of its source. This may entail going back to the mother title, the derivative titles and relevant documents, such as deeds of sale, donation, etc.
Last but not the least, kahit na authentic na yong land title, you would want to make sure that there are no legal claims on the land by other parties. Baka nakasangla or may existing mortgage on the land or it is the subject of a litigation. To determine this, look at the back or subsequent pages of the title and make sure that there are no entries below the words “Memorandum of Encumbrances” or even if there are, make sure the encumbrances have been canceled already.
Para makatiyak ka na yang lupa na binibili mo ay problem-free, consult with a competent attorney and hiring him or her to conduct a due diligence investigation before closing the deal. Buying a land is an expensive investment and you don’t want those money going down the drain by dealing with a fake land title or buying a land that could expose you to a lawsuit. Iba na ang nakakasiguro.
DISCLAIMER: All information posted is merely for educational and informational purposes. It is not intended as a substitute for a professional advise. Should you decide to act upon on the information on this website, you do so at your own risk.