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How To Apply Land Title From Tax

Declaration
 Engr. Jeremie Verano
(https://gvlsurveys.com/author/jeremieverano/) -
 February 9, 2022

(https://m.me/gvllandsurveying)
One of the most common questions I usually hear from
LIKE US ON
FACEBOOK: clients is about how to apply for a land title from a tax
(Https://Www.Faceb
ook.Com/Gvllandsur
veying) declaration. That is why I am writing this article to somehow
answer your question regarding this concern.

For a start, I want to clarify that having a tax declaration of a

certain property does not mean that you already are the
owner of it.
To simply put it, a tax declaration only serves as one of the
proofs of ownership but is not sufficient in giving you full
right over it. It is just one of the few requirements when one
is to apply for a land title (https://gvlsurveys.com/transfer-
land-title-from-mother-title/) for a certain untitled property.

How To Apply Land Title From Tax

Declaration In The Philippines
Here’s a detailed process guide on how to apply for a land
title from a tax declaration in the Philippines. If you want to
clarify something, please don’t hesitate to leave your
questions in the comment section below.

1. You Have To Know Your Land Property Status

First is you have to know your land property

status! As I’ve mentioned, having a tax declaration
does not necessarily mean you are already the
owner of it.

This is why you need to consult your CENRO

(https://caraga.denr.gov.ph/)officer about the status of the
land you are possessing, the one you are trying to apply for
a land title. The status of your land will tell you whether you
can apply for a land title of it and whether there is already a
claimant of it as per record.
 If it is found out that the property is classified as
Alienable and Disposable and there is no conflict
in the record of a claimant, then you can proceed
to the next step, which is to apply for the issuance
of a survey authority.

To do this, you must be able to submit a letter request

signed by both the claimant (you) and the geodetic
engineer, along with a Barangay Certification of Actual
Occupancy and a Deed of Conveyance. If it is granted, then
an actual land survey may be immediately done.

2. Have Your Land Surveyed By A Licensed Geodetic

Engineer

To have your land surveyed by a licensed geodetic engineer

(https://www.prc.gov.ph/geodetic-engineering) is one of
the most important steps for you to be able to apply for a
land title. The geodetic engineer will have the boundaries of
your property marked with “mojon
(https://gvlsurveys.com/mojon/)” and have you sign a
survey plan to be forwarded to the CENRO officer.

Unlike the other types of surveys

(https://gvlsurveys.com/), inspection will be done
by an inspector from the said office to make sure
that there is no conflict in the area and that the
metes and bounds of your property are already
established.

If it is accomplished, the survey plan will then be forwarded

to the Regional Office of DENR
(https://www.denr.gov.ph/)for approval and another
inspection will be done by the authorities of the said office.
 After the approval, you can then proceed with the final
process of land title (https://gvlsurveys.com/how-to-
transfer-land-title-to-heir-in-the-philippines/) application.

3. Tax Declaration To Land Title Requirements

The final step is to actually apply for a land title at the

CENRO (https://www.denr.gov.ph/) office. The following are
the things required for this process.

1. Barangay Certification of Actual Occupancy

2. Deed of Conveyance (e.g. deed of sale, deed of donation,
etc.)
3. Certificate from Clerk of Court
4. Certificate from Municipal/City Engineering
5. Affidavit/Certificate of Non-Title/Ownership
6. CEDULA of Applicant
7. Zoning Certificate
8. Approved Survey Plan from DENR

Hope this short article enlightens you. For any inquiries, you
can contact us through our contact page or simply leave
your comment in the comment section below.

About Us: We’re a land surveying company based

in Butuan City, and we’re here to serve our clients
anywhere in the whole Caraga region. Please
see our services page
(https://gvlsurveys.com/) for more details.

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 Previous Post
Is It Safe To Buy A Property
With A Tax Declaration Only?
(https://gvlsurveys.com/is-
it-safe-to-buy-a-property-
with-a-tax-declaration-
only/)

Engr. Jeremie Verano

(Https://Gvlsurveys.Com/Author/Jeremieverano/
Engr. Jeremie Verano - A bachelor’s degree in
(https://g
Geodetic Engineering graduate from Caraga State
vlsurveys
University last May of 2018, and has passed the
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hor/jere
mieveran
o/)

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 This Post Has 27 Comments

Justin Brian Dumadaug 29 JAN 2022 REPLY

My grandma is the applicant and suppost to be

apllying for title of the untitled lot. Unfortunately
she died but the approve plan of her is already
approved by the beauro of land/ DENR…His sons
is also dead too. Now the question is: can the
gradson continue to title the untitled lot of the
approved plan in the name of his grandson? Or
only to his son who is also dead? Pls enlighten
me this situation…Thank you so much

Yhong Lacson (https://gvlsurveys.com)

1 FEB 2022 REPLY

Hello, Justin! Given that the sons were

already dead, and there are no other
surviving children, the grandson can apply
for a title under his name only if he is able to
provide proof that he is the sole heir to that
property. However, if he is not the only
surviving grandchild, he must execute an
agreement with them that they will not
interfere with the application of title. Or,
 execute a SPA (Special Power of Attorney)
which would show that he is just one of the
heirs and is only serving as the representative
of all the surviving heirs.

April Mae Alia 3 FEB 2022 REPLY

My mother is supposed to be applying for a land

title to the agricultural property declared to her
name
(Tax Declaration). However, the moment she
stepped for a clearance at the CENRO, there is a
claimant of the said property who prayed for the
cancellation of the Tax Declaration issued in the
name of my mother.
My questions are:
1. Is it possible to cancel the issued Tax
Declaration in the name of my mother and
replace it in the name of the other claimant?
2. If not, how can we proceed to the next step if
the other claimant will not draw his petition ? Or
what should we do to continue our application of
land titling? Its over 12 yrs. Passed since the
conflict of claimants started and until now still
we could not pursue a Land Title. My parents still
occupying the property without a complete
ownership other than a Tax Declaration.

yhonglacson (https://gvlsurveys.com)
4 FEB 2022 REPLY
 Hi, ma’am April. I have had a client who has
the same situation as yours. What they did
was file a petition at the CENRO office.
In cases like this, both the claimants will have
to show all the proofs they have and the
CENRO Officer will serve as the mediator
between the two parties. If it is not settled,
you can try bringing your case to a higher
court. The main reason why even if it has
been 12 years already but you still cannot
pursue a land title is that CENRO has a rule
not to approve any application of title if there
is a conflict with the ownership. Unless you
risk bringing it to a higher court, nothing
would happen in your quest. It is the court
that will have the final say with this, and the
winning party will be able to proceed with
the application of title.
With regards to the tax declaration, only the
Assessor’s Office has the jurisdiction whether
to cancel it or not.

Joan I. Balane 10 FEB 2022 REPLY

Hi good day. My husband and I had recently

purchased a piece of land. However, this land has
not been removed from a mother tax declaration.
which means it does not have a tax declaration
of its own. the previous owner said we will just
deduct the square meters of the said land from
the square meters in the tax declaration. our
payment is installment basis. once we fully paid
the land they will give us the deed of absolute
sale but stating the mother tax declaration. are
they right? because i had asked an attorney and
she said that it will be deed of extrajudicial
absolute sale. and all the heirs of the land should
sign to show that they approve the said sale.
however, of the 8 children, only two are alive and
the remaining heirs are the grandchildren. can
you give us some advice on what to do about
this? we are planning to have it transferred to us
once we paid the full amount. thank you very
much.

yhonglacson (https://gvlsurveys.com)
10 FEB 2022 REPLY

Hi, ma’am. From what I have understood, the

said property is untitled and it has only a tax
declaration and you want to have your own
tax declaration of the portion you have
acquired through sale.
However, the problem is you do not have a
deed of absolute sale, which is the primary
basis of your right over such portion. Now
that there are only 2 surviving siblings, you
can still have your deed of sale signed by the
2 surviving children and the deceased should
be represented by one of their children.
However, as far as I know, you cannot have
your own tax declaration unless you are not
able to subdivide your portion from the
mother lot. So, in your case, you have to have
it surveyed.
P.s. Please ask for assistance from a licensed
geodetic engineer since there is other
information about the process that you might
need to know.

Joan I. Balane 10 FEB 2022 REPLY

Hi Sir. Thank you for your response. I will

talk to my husband about this. I have now
a clearer vision of what should our first
step be. Again thank you and this is such
a great help.

yhonglacson
(https://gvlsurveys.com)
12 FEB 2022 REPLY

You’re welcome, ma’am. God bless!

charles 20 FEB 2022 REPLY

Hi Sir, My case isn’t actually like this but I

think your insights would be of great help.
My parents bought a piece of land and it
is part of a whole residential land with
previously one owner but was divided and
sold to different individuals. What my
parents have is only the declaration. Now,
I Would like to apply for a Pag-ibig
housing loan and 1 of the requirements is
the land title or TCT if I’m not mistaken.
How can we proceed in pag-ibig housing
loan with just the declaration? Can we
even proceed or we need to process first
 the land title? How much will it cost me if
I will process the transfer of title to my
parents’? Thanks

yhonglacson
(https://gvlsurveys.com)
20 FEB 2022 REPLY

Hi, Charles. In your case, you cannot

proceed to the application for a
housing loan in PAG-IBIG if you do not
have a title. They are very strict with
the requirements that’s why you have
to process first your land title.
As for the cost of the transfer of title,
you have to pay 7.5% of either the
amount of sale or zonal value;
whichever highest prevails. There are
also other legal fees you may have to
pay.

Kikay 10 FEB 2022 REPLY

Hi Sir, Regarding above mention steps/process

do I still have to go BIR, DAR and Registry of
Deeds?
Because I was reading some some mention need
to go BIR to pay for Estate Tax/Doc stamp and
DAR for some clearance. Pls enlighten me.
Thanks
 yhonglacson (https://gvlsurveys.com)
12 FEB 2022 REPLY

Hi, Kikay! If the document you have over a

land property is only a tax declaration, you no
longer have to pay any tax in the BIR or go to
the ROD but you have to pay for some fees in
the Assessor’s Office. However, in some
cases, you might have to go to the DAR if
required by the CENRO.

Rebecca Joy Galan Barroca 11 FEB 2022 REPLY

Hi.gud pm.i need help about my mothers

situation in her part of land from his brother but
the brother already passed away not totaly made
the land title only declaration and the half part of
the land given to my mother by wavers and
registered have attorneys signature..but the
problm is the land have some interested on it
like example there causin they want a share to
this land is there any chance my mother acquire
this land a whole even there no mother title
yet..but its complicated necause my mother
brother certificate registered to there
grandparents name in short they are eligitimate
in reality..hows can any help me..just a little point
of view what to do pls.

yhonglacson (https://gvlsurveys.com)
12 FEB 2022 REPLY
 Hi, Rebecca! As far as I know, if the original
owner is already deceased, then the inherited
property must be divided among the heirs.
And if you want to acquire a title for the
whole property, then necessary documents
such as waiver of rights/claims, signed by
the other heirs (in your case, your cousins)
must be executed. However, your case here is
complicated, so I would suggest that you
consult a lawyer for legal advice.
Thank you and God bless!

Amy 16 FEB 2022 REPLY

Hello Sir/Ma’am. My concern is for Land Title, I

have already submitted all the documents
needed for titling at the CENRO office but they
told me that they will forward these documents
to the LRA main office to get the certification
before they will return to the PENRO office and
then forwarded to RD where the Title certificate
will be made. Is this the process for applying for
the land title? I’ve been making follow up at the
CENRO office yet they advise me that my papers
will be forwarded to LRA main this March before
they also told me that they will process last
January of this year.
How long does it take to process this thing,
Sir/Ma’am.

yhonglacson (https://gvlsurveys.com)
20 FEB 2022 REPLY
 Hi, Amy. I understand your situation very well
and it’s a good thing that you’re really doing
follow-ups. However, you have to trust the
process since they are only doing what they
could. As far as I know, there were revisions
done by the LRA about the processing of
titles and the local officers are only following
the legal procedure.

Amy 16 FEB 2022 REPLY

Hello Sir/Ma’am. My concern is for Land Title, I

have already submitted all the documents
needed for titling at the CENRO office but they
told me that they will forward these documents
to the LRA main office to get the certification
before they will return to the PENRO office and
then forwarded to RD where the Title certificate
will be made. Is this the process for applying for
the land title? I’ve been making follow up at the
CENRO office yet they advise me that my papers
will be forwarded to LRA main this March before
they also told me that they will process last
January of this year.
How long does it take to process this thing,
Sir/Ma’am.
Thank You Sir/Maam

Axa 16 FEB 2022 REPLY

Hello, Sir. I’d like to know what you think of my

situation po. My parents owned a piece a land
through Tax Declaration ownership. They are still
alive and my father wants to give part of the
property to me. The other portion of the property
would be divided between my other two siblings.
My plan would be to build a house on the
property in the future. Before i do that, I would
like to process the land title on the portion of the
property that I would be receiving. How would I
complete this process and what steps need to
be taken? Any information is appreciated! Thank
you po. God bless!

yhonglacson (https://gvlsurveys.com)
20 FEB 2022 REPLY

Hi, Axa. The first thing you have to do is

inquire at the CENRO office whether you can
have your property surveyed and have it
titled. You can try to reread this article since I
already explained the process of how to
apply land title from tax declaration.

Rowena Castillo (http://none) 21 FEB 2022 REPLY

Hello. I have 2 lots. One with tax declaration

under my name. The other 1, only deed of sale
(untitled also) and I plan to apply for transfer of
tax declaration. Both have already the “mohon”.
Do I still need CENRO to survey the property if
the tax declaration is already under my name?
 Yhong Lacson (https://yhonglacson.com)
26 FEB 2022 REPLY

Hi, Rowena! If you want to have your property

titled, then you have to connect with the
CENRO office. Again, all properties which
only have tax declarations are subject to land
status verification as well as inspection.

john m 21 FEB 2022 REPLY

Good Morning,
My grandfather properties (5 lots) has been
issued with blue prints with property “Muhons” of
the lots. This are under his name and had passed
away last 1999. My Grand mother is still alive
together with the children around their 60’s. I
asked them to process their properties under
their name but they said they only have paid
property tax annually and blue prints. I want to
sell/utilized or manage it since they are getting
old. And they agreed on that as their
“pamangkin” since they don’t have children and
my mom died to (their sister). Given it is still
under their father’s name (my lolo). How can I
process this? or have it titled either under their
name or considering they are on their 60’s under
my name. Who can assist me on this process?

Yhong Lacson (https://yhonglacson.com)

26 FEB 2022 REPLY
 Hi, John! If you want to process it under their
names, then they must execute a deed of
extrajudicial settlement. However, if they
want to have the property/ies named after
you, then they must execute a deed of
donation in your favor.
Then, you can consult the CENRO office
about the land status and comply with all the
other requirements in the application of a
free patent.

Le-ann 23 FEB 2022 REPLY

Hi Sir,
You’ve mentioned in one of your replies po na
hindi na po kailangan magbayad ng tax o
pumunta sa BIR and ROD kapag tax declaration
lang ang meron. May binibili po kasi kami na lupa
na tax declaration lang ang meron tapos
nakapangalan pa po sa namatay na nanay ni
seller. Nag-iisang anak lang po siya at buhay pa
yung tatay ( willing pumirma sa pagbebenta ).
Ang question ko po, sa case po ba namin, wala
din pong kailangang bayaran na estate tax si
seller? How about po yung capital gain tax?
Thank you po

Yhong Lacson (https://yhonglacson.com)

27 FEB 2022 REPLY

Yes, ma’am Le-ann wala na pong babayaran

na tax sa BIR. Ang involve na tax ay yon
lamang sa Assessor’s Office.
 arom 26 FEB 2022 REPLY

Sir do i need to pay CGT (cgt is mutually agreed

by buyer and seller on the account of buyer) &
DST if i buy an unregistered agricultural land?
will there be an error or consequence if i go
directly to applying for free patent without
paying taxes from bir?

Yhong Lacson (https://yhonglacson.com)

26 FEB 2022 REPLY

Hi, Arom! I personally know an inspector from

CENRO and she made it clear to us that the
application for a free patent does not include
paying for CGT and DST at the BIR. Taxes
involved in this are only those that are
required by the Assessor’s Office.

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