a letter from George Esperacion

Dear Atty.  Onia,

Hello.  How are you? By the way, Happy New Year.  It’s been awhile since we see each other in Dagupan City. The reason I contacted you is because I need some advice regarding this.

A friend who lives in Los Angeles contacted me and expresses her intention of selling her land “riceland” to me which is located in Binmaley.  The only paper she had is the Declaration of Real Property (Tax Declaration). She pay’s her property tax each year. The property has no certificate of title yet. Here are my questions.

1.What information or document  do I need from her before doing a Deed of Sale?

2.How do you determine the selling or buying  price of this property?

3. On my part, what sort of verification that I need to do?

Please advise whenever you get a chance and also how much do I owe you for this consultation?

Regards,

George Esperacion

Dear George,

Nice to hear from you. It is like few years ago that you had your vacation in Dagupan and I was able to join our classmates welcoming you.

For your first question.  Considering that the parcel of land is not yet titled and is just covered by Tax Declaration, you have to inquire from the seller who is in actual possession of the said agricultural land.  You may also inquire from your seller how did she acquire the said parcel of land and inquire if she was able to keep the document of transfer to her.

For your second question.  One way of determining the selling price of the parcel of land is to inquire the selling or buying price of similar properties in the barangay where the property is located.

For your third question. Since you are abroad, you can assign somebody to verify some information such as (a) the cadastral claimant by requesting DENR Form No. V-37 from the Community Environment and Natural Resources Office (DENR) having jurisdiction over the prospect parcel of land.  You will also know the area metes and bounds of the property through the Form V-37; (b) the Zonal value of the prospect parcel of land with the Bureau of Internal Revenue to determine the capital gains tax which the seller is obliged under the law to pay (c) hire a geodetic engineer to determine the exact metes and bounds of the property and to determine its exact area and to determine if there are illegal occupants therein. (d) verify the Tax Declaration and the document of previous owner given by the seller with the Municipal Assessor of the town where the property is located.  By verifying the Tax Declaration of the property and previous owners you can also determine whether or not the spouse of the seller should be required to sign his conformity the sale.

I have to thank you for this legal inquiry because I have something to post in by Alaminos Law Blog of answers to common legal problems.  I can give free legal advice to the public why not free of charge from a friend and classmate.  It is nice to be of service.

May God bless and your family.

Regards,

Henry