Dear PAO,

I have read your articles on the Internet and I am so thankful that I can raise my questions to your office. My family is about to purchase a tract of land. The seller has only the mother title and said that we will not get the land title upon purchase. Is the sale valid even if we cannot have the land title? If so, what do we need to do? We hope to hear from you.

Thank you very much in advance!

Arleen

Dear Arleen,

The Civil Code of the Philippines provides for the requirements to have a valid sale. Among the requirements is that the vendor must have a right to transfer the ownership of the subject of the sale (Article 1459). Thus, it is important to first determine the right of the seller over the property being sold. This is in line with the rationale that nobody can dispose of that which does not belong to him (nemo dat quod non habet).

You can request to see a copy of the title from the Office of the Register of Deeds where the property is located or with the Land Registration Authority (LRA) to examine it and determine the registered owner of the title and also to check for any encumbrances on the property that is recorded in the title. By doing these, you may be able to see if the seller is the owner of the property and determine whether he/she has the right to sell the property. If the property turns out to be owned by several persons, the share of the seller over the said property must be determinable or identifiable already since according to the Supreme Court, one of the elements of a contract of sale is a determinate subject matter (Coronel vs. Court of Appeals, G.R. No. 103577, October 7, 1996).

After determining if the seller has the proper rights to sell the property, you must then execute a Deed of Sale to show that an agreement has been validly made to legally transfer ownership and title of the land from the seller to you. After which, you must go to the Assessor’s Office for tax assessment and zonal classification; then to the City/Municipal Treasurer’s Office for the payment of the Real Property Tax; and then to the Bureau of Internal Revenue (BIR) for the payment of the appropriate transfer tax. Thereafter, the original copies of the Deed of Sale executed in your favor shall be presented before the Register of Deeds Office where the subject parcel of land is located for recording and registration. This is also where you will obtain a Transfer Certificate Title to confirm your legal ownership over the property.

In your situation, you will need the mother title to obtain the Transfer Certificate Title. Thus, you can require the seller to provide you the mother title. If the seller refuses, you can file an action for specific performance from the court to require the seller to provide you the mother title. This is justified by the fact that the sale of the land entitles the buyer not only the right to possess the land, but also the right to possess the title and have a separate title from a mother title. Thus, even if there is a valid sale of land, you will still need the mother title to complete the registration of the subject property.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.