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Affidavit Of Title for Philippines

Affidavit Of Title Template for Philippines

An Affidavit of Title is a sworn legal document commonly used in the Philippines' property law system. It serves as a formal declaration by a property owner (affiant) stating their legitimate ownership of a specific property and confirming that the property is free from undisclosed liens, encumbrances, or adverse claims. The document must comply with Philippine civil law requirements, including proper notarization under the Notarial Law of 2004 and adherence to the Property Registration Decree (PD 1529). This affidavit is particularly important in property transactions, title transfers, and when establishing clear ownership records with the Land Registration Authority.

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What is a Affidavit Of Title?

The Affidavit of Title is a fundamental document in Philippine property law, required in various property-related transactions and legal proceedings. It serves as a sworn statement where property owners formally declare their ownership rights and the property's unencumbered status. This document is typically required when selling property, refinancing mortgages, or resolving title disputes. The affidavit must be executed before a notary public and comply with local registration requirements. It provides crucial protection for all parties involved in property transactions by documenting the owner's assertions about the property's legal status. The document's format and content are governed by Philippine civil law, property registration regulations, and notarial requirements, making it a legally binding declaration that carries significant weight in property dealings.

What sections should be included in a Affidavit Of Title?

1. Title and Venue: States that this is an Affidavit of Title and specifies the location where the affidavit is being executed

2. Affiant Information: Full legal name, age, citizenship, civil status, and address of the person making the sworn statement

3. Property Description: Detailed description of the property including lot number, cadastral lot number, title number, boundaries, and location

4. Ownership Declaration: Statement of how and when the property was acquired, including reference to supporting documents

5. Clear Title Declaration: Sworn statement that the property is free from liens, encumbrances, and adverse claims

6. Tax Declaration: Statement regarding payment of real property taxes and other relevant fees

7. Purpose of Affidavit: States the specific purpose for which the affidavit is being executed

8. Verification and Certification of Non-Forum Shopping: Standard verification clause and certification that no similar action has been filed

9. Jurat: Notarial section where the affiant swears to the truthfulness of the statements

What sections are optional to include in a Affidavit Of Title?

1. Marital Consent: Required if the affiant is married, containing spouse's consent to the declaration

2. Previous Title History: Include when the property has a complex history of ownership or transfers

3. Pending Transactions: Required if there are any ongoing transactions or processes related to the property

4. Power of Attorney: Include when the affidavit is being executed by an authorized representative

5. Corporate Authorization: Required when the property is owned by a corporation, including board resolution details

What schedules should be included in a Affidavit Of Title?

1. Property Documents: Copies of relevant property documents including title, tax declarations, and tax receipts

2. Transfer Documents: Copies of deed of sale, inheritance documents, or other transfer instruments

3. Tax Clearances: Copies of tax clearances and payment receipts

4. Identity Documents: Copies of affiant's valid government IDs and supporting identification documents

5. Authorization Documents: If applicable, copies of power of attorney or corporate authorization documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses
















Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction and Development

Property Management

Government and Public Sector

Corporate Services

Mortgage and Lending

Relevant Teams

Legal

Real Estate

Property Management

Documentation

Compliance

Corporate Secretariat

Land Registration

Title Processing

Conveyancing

Relevant Roles

Real Estate Attorney

Property Manager

Title Officer

Real Estate Broker

Mortgage Officer

Legal Counsel

Notary Public

Property Developer

Land Registration Officer

Corporate Secretary

Conveyancing Lawyer

Real Estate Paralegal

Documentation Specialist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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