It’s not rare for one to hear of sob stories of Pinoy OFWs about their failed purchase of Philippines Real Estate property. One of the most common stories are those of fake titles of lands/houses in the Philippines which can altogether be avoided if we follow these additional pointers.
- Compare the original copy in the custody of the Register of Deeds concerned and with the owner’s duplicate copy in the custody of the title holder, to find out if the latter is an exact replica of the former. A genuine owner’s duplicate of a certificate of title should be a carbon original copy of the title. If both are carbon originals, as in the case of the Original Certificate of title (OCT), they should have been together, hence coincide in every way. In case of Transfer Certificate of Title (TCT), the originals and the owner’s duplicate therefore, should in all respect be similar.
- Check the initials and signatures appearing on the original and owner’s duplicate copies as well as the manner in which the entries, and the technical descriptions were typewritten. All the foregoing details must be the same on both the original and owner’s duplicate thereof. Any variance therefore is a ground for suspicion.
- Find out if the serial number of the judicial form used in accomplishing the title conforms with the serial number of the judicial form forwarded by the DAR, LMB or by the DENR, PENRO, respectively, that appear to have issued the title to the particular Registry of Deeds.
- Check if the Registry of Deeds/the DENR Secretary/RED/PENRO/DAR Official who purportedly signed the title is the real Registry of Deeds, DENR Secretary, RED/PENRO or DAR Official of the province or city where the land is situated at the time of the purported signing.
- In cases of titles based on patents, verification should be made with the LMB, DENR-Secretary/RED/PENRO and DAR Office concerned.
- In cases of titles based on patents, check if the date when the patent was signed by the DENR, PENRO/RED, Secretary or DAR Oficial corresponds with his term of office.
- Find out whether or not the document that supports the transfer or conveyance of the property is authentic or whether the title is supported with a Deed.
- Check the date of revision of the Judicial Form used and see whether the certificate of title was issued after the revision date.
- Trace if the title purportedly transferred from one Regisrtry to another actually came from and was actually issued by the registry of origin.
- Test by wetting, whether the red seal on the owner’s duplicate and the red printed words “OWNER’S DUPLICATE” blot and stain when wet.
- In cases of titles based on patents, check if the areas covered thereby do not exceed the maximum areas provided by law and existing regulation.
- Check if the land covered by the patent falls within the territorial jurisdiction of the DENR and DAR Field Office issuing the same. If the municipality where the land covered by the patent is situated not under the jurisdiction of the issuing DENR or DAR Field Office, the patent is null and void.
- Check whether the area covered by the patent is within the limit prescribed for different modes of disposition under the Constitution and other existing laws.
- A tracing-back of the title in the Office of the Register of Deeds (ROD) is the best recourse.
- Ascertain if it is a reconstituted title (indicated with the prefix “RT”, or with a set of figures enclosed in parenthesis, and a set outside thereof).
- Ascertain if there are blanks not filled-up or are indicated with the initials N.A. meaning NOT AVAILABLE on the historical data of the title.
- Check whether the title duly certified true and correct by the Chief, Surveys Division, or any authorized official.
- Check whether the Judicial Form used is the correct Judicial Form.
Example:
For Homestead Patent, the Judicial Form is Form No. 67,
Patent Application (FPA) – Form No. 54,
Misc. Sales Application (MSA) – Form No. 167,
Application (SA) – Form No. 11
- In cases of special Patents, check whether the form issued is in accordance with the prescribed form and containing all the material facts especially the enabling law.
- Titles of alien properties, check whether the same was issued in accordance with existing laws and so specified in the Judicial Form.
Example:
(LASEDECO) Homestead Patent No. _
(NAPCO) Sales Patent No. _
- Titles issued for settlements, check whether the same was issued in accordance with existing regulations and whether specified in the patent.
Example:
(LASEDECO) Homestead Patent No. __
Source: www.lmb.denr.gov.ph