The Land Registration Authority has issued Guidelines on How to Detect
Fake Titles so that the public in general will be warned of fake titles. Quoted from www.lra.gov.ph:
“1. Check
if the initials, signatures, technical description, annotation and other
component elements appearing on the front and at the back of the original are
exactly the same as that appearing on the owner’s duplicate copy of the
title. Any variance is a ground for suspicion;
2. Judicial
Forms for titles are considered accountable forms. A serial number
is assigned to each judicial form. The serial number to be used for
the original copy is printer in rd and the serial number for the duplicate copy
is in black. The LRA distributes the judicial forms with serial
number in consecutive order to the various Registries of Deeds. Any
certificate of title bearing a serial number which is not among the ones
delivered to a particular registry is of doubtful authenticity;
3. A
number is assigned to each judicial form. It is indicated on the
upper left-hand corner of the form. Example: Judicial
Form No. 109 is used for the original copy of the TCT which emanated from a
decree of registration and Judicial Form No. 109-D is used for the title is not
the proper form as indicated by the Judicial Form number, this should be
investigated;
Immediately below the Judicial Form number is the year the form
was printed or revised. If, for instance, the judicial form on which
the title was prepared bears a date previous to the time when such form was
printed or revised, 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 the judicial form. 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 should correspond with the page number of
the registration book indicated on the upper right corner of the title. Any
variance should be investigated;
6. A
reconstituted transfer certificate of title is identified by the letters “RT”
preceding the title number, while the reconstituted original certificate of
title carries the letter “RO” before the title number;
7. The
Central Bank judicial form 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 in forms made of cartolina or some
other material of inferior quality.
8. Check
if the Register of Deeds who signed the title was the incumbent
register of deeds at the time the title was issued;
9. Check
the entry of a related transaction in the Primary Entry Book to be certain that
the title was issued on the basis of a duly registered document;
10. Check the
Enumeration Book or logbook which contains information on the personnel
assigned to prepare the title on a certain date and the serial number of the
judicial form used;
11. Check the
Releasing Book if there was a title of such number that was released
by the registry on that certain date;
12. Of 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.
13. 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.”
As part
of the exercise of due diligence in dealing with land titles in any transaction,
it is imperative that the seller or the person whom the property shall be
conveyed for onerous consideration to request for the Certified True Copy of
the subject title to the Registry of Deeds.
Please take note that Registry of Deeds may now issue certified true copy of titles even
outside of its territorial jurisdiction.
No comments:
Post a Comment