Query: Is a Deed of Sale alone sufficient to apply for land registration and titling from the Registry of Deeds in the Philippines, particularly if the property was previously bought and not titled under the buyer's name?

In the Philippines, transferring and registering real property involves several key steps and documents, not just the Deed of Sale. While a Deed of Sale is a crucial document in transferring property ownership from the seller to the buyer, it is not by itself sufficient for the registration and titling of the property under the new owner's name.

Steps for Registering and Titling Property:

Deed of Sale: This is a legal document that evidently transfers ownership of the property from the seller to the buyer. The Deed of Sale should be notarized to have any legal effect.
Tax Declaration: The buyer needs to obtain an updated tax declaration from the local government unit. This involves presenting the Deed of Sale to the Assessor's Office.
Clearance of Real Property Taxes: The buyer must ensure that real property taxes on the land have been paid. A tax clearance from the Treasurer’s Office where the property is located is required to proceed with registration.
Transfer Tax: Payment of transfer tax, which is a percentage of the property value or selling price, whichever is higher, must be completed. Proof of payment is required for the next steps.
Bureau of Internal Revenue (BIR) Clearance: The buyer must secure a Certificate Authorizing Registration (CAR) from the BIR. This involves paying documentary stamp tax and, if applicable, capital gains tax.
Registry of Deeds (ROD): With the Deed of Sale, tax clearance, transfer tax receipt, and CAR, the buyer can apply for a new title at the Registry of Deeds. This office will issue the Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT) in the case of condominium units, which finalizes the registration process.

Issues with Previous Transactions:

If the seller (from whom the current buyer purchased the property) had an Absolute Deed of Sale but never transferred the title to their name, this complicates the registration process. The chain of title must be clear and unbroken for the Registry of Deeds to issue a new title.
In such cases, it might be necessary to rectify the chain of title by ensuring that all previous transfers are correctly documented and registered. This may require obtaining deeds from previous owners or initiating a judicial process to order the registration.

Legal Advice:

Given the complexity, particularly with properties that have not been properly titled or registered, consulting with a legal expert in property law is advisable. This ensures that all requirements are met and that the registration process is seamless.

Conclusion: The Deed of Sale is essential but not sufficient by itself for the complete registration and titling of property in the Philippines. Multiple steps and compliance with various tax and legal requirements are necessary to secure a title in the new owner's name, safeguarding their rights as the property owner.