Page 14 - Property Rights in the Philippine A Time and Cost Study_July 2017
P. 14

ROD employees draw up an Original Certificate of Title. This, together with the Residential Free
               Patent, is signed by the Registrar. A Title Number is then assigned.

                       The Free Patent is scanned by ROD staff before it is issued to the applicant. They email the image
               file to the Land Registration Authority (LRA) head office. LRA requires that all cases of subdivision and
               consolidation of titles (resulting in the issuance of individual titles for each subdivided/consolidated lot) have
               to  be  endorsed  to  the  LRA  so  that  they  can  enter  the  data  to  their  computerized  system.  A  team  of
               examiners encodes the survey data of the parcel and plots it on a national index map of registered titles.
               This  process  used  to  occur  before  registration  and  was  a  major  cause  of  delay.  It  also  opened  the
               opportunity for “Express Lane” services (with corresponding unofficial fee).  Since this is now done after
               registration, it is no longer a cause of delay. There is also no more need for anyone to ask for “Express
               Lane” services.

                       Issuance of registered free patents (Agricultural or Residential) can take a long time. The Cebu
               Province Register of Deeds estimates there are 8,000 registered free patents still unclaimed in their office,
               while some 25,000 registered free patents are currently stocked in the Bohol Province Register of Deeds.
               The reason for this, aside from non-payment of taxes, is that many lot applicants do not know that their free
               patents have already been registered and ready for pick-up.


               Delays:
               1.  The first delay occurs when the ROD waits for the applicant to show up and comply with registration
                   requirements. This delay happens because there is no Standard Operating Procedure (SOP) in the
                   PENRO for informing the applicant that his/her Free Patent is now with the ROD.
               2.  Securing a clearance for property tax payments and a Tax Declaration in the name of the applicant
                   requires a trip to the Municipal or City Hall. If real property tax payments are not up-to-date, as they
                   often are, further delay is incurred while the applicant produces funds for payment.
               3.  A Tax Declaration in the applicant’s name can take more time when the current Tax Declaration holds
                   the name of former claimants.  Most Assessors require a copy of the Free Patent issued by the PENRO.
                   The applicant thus has to make one more trip, to the PENRO this time.
               4.  The final delay happens while the ROD waits for the applicant to pick up her registered free patent.

               Costs:
               1.  The registration fee for Residential Free Patents is usually around PhP 50.00. The ICT Fee costs about
                   PhP 1,950.00.
               2.  Arrears and penalties for real property tax payments, if there are any, will be collected by the local
                   Treasurer before the RPT Clearance is issued. Local governments are allowed to collect unpaid real
                   property taxes for up to 10 years in the past.


























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