CDO HOUSE & LOT

CDO HOUSE & LOT HOUSE & LOT, BUY, SELL, INVEST, DEVELOP PROPERTY

29/06/2025

The (SC) has reiterated that a co-owner must give written notice to the other co-owners before selling their share of a property. However, if the other co-owners already knew about the sale and failed to exercise their right to buy the share within 30 days, the written notice is no longer required.

In a Decision written by Chief Justice Alexander G. Gesmundo, the SC’s First Division denied the petition filed by siblings Antonio Azurin, Jr. (Antonio) and Rafael Azurin (Rafael) to buy back a parcel of land registered in the name of Carlito Chua (Chua).

Antonio and Rafael were in possession of a parcel of land which they co-owned with their aunt Adelaida. Adelaida later sold to Chua her portion, which was officially registered in Chua’s name after it was surveyed and divided.

Years later, Antonio and Rafael attempted to buy back the land from Chua by filing a complaint for legal redemption before the trial court. Both the trial court and the Court of Appeals denied the complaint, on the ground that the case was filed years after the sale and well beyond the 30-day period allowed by the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦.

Antonio and Rafael appealed to the SC, but the SC denied their appeal.

The SC said that under the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦, a co-owner intending to sell their share to a third party must notify the other co-owners in writing about the sale. The other co-owners then have 30 days from receipt of the written notice to redeem or buy back the portion sold. If they fail to do so within the period, they lose the right to redeem the sold portion.

The SC, however, added that the requirement of written notice can be waived if (1) unusual circumstances have made the co-owners aware of the sale, and (2) the co-owners did not take action or were negligent in their right to redeem the property, a situation referred to in law as laches.

In this case, the SC found that Antonio and Rafael were aware of the sale. They were in actual possession of the land and, therefore, were informed about the survey conducted on it. Additionally, they received Chua’s legal complaint to recover possession.

However, they waited more than six years before trying to redeem the property.

Read the full text of the Press Release at https://tinyurl.com/68yxczhw.

Read the full text of the Decision at https://tinyurl.com/35tpwuye.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

🏛️ How to Cancel the Land Title of the Previous Owner:This is done during transfer of ownership via sale, inheritance, d...
15/06/2025

🏛️ How to Cancel the Land Title of the Previous Owner:

This is done during transfer of ownership via sale, inheritance, donation, or court order.

📝 Steps to Transfer & Cancel Previous Title:
Settle applicable taxes:
Capital Gains Tax or Estate Tax (BIR Form 1706 / 1801)
Documentary Stamp Tax (BIR Form 2000-OT)
Get BIR Certificate Authorizing Registration (CAR)
Pay transfer fees at the Local Treasurer’s Office:
Transfer Tax
Real Property Tax (RPT)

Submit documents to Registry of Deeds:
Original title (from seller or estate)
CAR and tax clearances
Deed of Sale / Extrajudicial Settlement / Court Order
Proof of ID
Barangay/Tax clearance
Issuance of New Title (TCT or OCT) under buyer or heir’s name
Previous owner's name will be cancelled
Annotations and encumbrances will also be updated
📌 Notes:

All annotations stay valid unless legally removed through a formal petition or supporting document.

For estate properties, ensure Estate Tax Return (BIR 1801) and CAR are completed first.
Cancellation must be done at the Registry of Deeds where the title is registered.

UTANG PAG HINDI NA BAYARAN with LOT MORGAGE! 👇Pwedeng ma Sheriff😭😢A Sheriff’s Deed of Final Conveyance is a legal docume...
15/06/2025

UTANG PAG HINDI NA BAYARAN with LOT MORGAGE! 👇
Pwedeng ma Sheriff😭😢

A Sheriff’s Deed of Final Conveyance is a legal document that transfers ownership of a property sold at a judicial auction, often due to foreclosure, tax delinquency, or ex*****on of a court judgment.

🏛️ What is a Sheriff’s Deed of Final Conveyance?

✅ Definition:
It’s the final deed issued by the sheriff or court officer to the highest bidder (new owner) after a property is sold at a sheriff’s sale or public auction. It legally conveys full title from the delinquent property owner to the new buyer.

📄 What It Includes:
Full name of the original property owner (debtor/defendant)
Name of the winning bidder (grantee)
Details of the court case or judgment
Description of the property
Statement that the deed is issued in compliance with a court order or writ of ex*****on
Date and signature of the sheriff

⚖️ Common Situations:
Foreclosure sales
Tax delinquency auctions
Judgment ex*****ons

📌 Legal Effect:
Transfers ownership with whatever title the previous owner had
Often subject to existing liens, encumbrances, or right of redemption (if applicable)

🔍 In the Philippines (or similar jurisdictions):
Governed by the Rules of Court and Local Government Code
Used after ex*****on of judgment or real property tax delinquency sale
Must be registered at the Registry of Deeds to fully transfer ownership

BIR Form No. 1801 – Estate Tax Return✅ What is it?A tax return filed to report and pay estate tax due on the net estate ...
15/06/2025

BIR Form No. 1801 – Estate Tax Return

✅ What is it?
A tax return filed to report and pay estate tax due on the net estate of a deceased person, whether the decedent was a resident or non-resident Filipino.

🧾 When to File:
Within 1 year from the date of death
Extensions may be granted by the BIR upon valid request

🪙 Who Must File:
The executor, administrator, or legal heirs of the decedent

Applies to all personal and real properties (worldwide for resident citizens)

💰 What is Taxed:
Net estate, which includes:
Real estate
Bank deposits
Investments
Vehicles
Jewelry, etc.
Less: Allowable deductions like funeral expenses, debts, family home, standard deduction (₱5 million), and more

📌 Tax Rates (Under TRAIN Law):
6% flat rate on the net taxable estate

📂 Required Documents:
Death certificate
Proof of relationships (e.g., birth/marriage certificates)
List and value of assets
Certification of non-delinquency from BIR
Valid TINs of estate and heirs

🏦 How to Pay:
Through Authorized Agent Banks (AABs) or BIR-accredited payment channels
Can be paid in installments, subject to conditions

LIGTAS ANG MAY ALAM! Beware of the word “CLEAN TITLE” You can only call it clean title IF: ⭕ Owners that appears in the ...
15/06/2025

LIGTAS ANG MAY ALAM!

Beware of the word “CLEAN TITLE”

You can only call it clean title IF:

⭕ Owners that appears in the title of the property are still ALIVE & CAN SIGN documents

⭕ NO disputes attached in the title AND “certified true copy” of the title.
Please take note of the word “AND” because not all disputes are printed in the original title itself. Thus, it is very important to request for the latest certified true copy of the title.

⭕ All real estate taxes are paid on time. Always request for latest real estate tax clearance.

⭕ If the owners are married (on or after 1987) the property is considered conjugal even if only one property owner is in the title. Both should sign sale documents. Should the property owner dies, heirs should file and pay for the estate tax of all the properties.

⭕ If the property estate taxes are not yet paid, the property cannot be called “CLEAN”.

⭕ Magkaiba po ang real estate tax na binabayaran ninyo annually at ang estate tax (BIR FORM 1801). You only pay estate tax if the owner in the title is already dead. Penalties (like big penalties) apply for late filing.

21/03/2025

The (SC) has ruled that lawyers cannot be held liable for notarial violations unless there is clear evidence that they knowingly permitted the misuse of their notarial commission.

In a Decision written by Associate Justice Ricardo R. Rosario, the SC’s First Division dismissed the administrative complaint against Attys. Delfin Agcaoili, Jr., Editha Talaboc, and Mark Oliveros (respondents) due to lack of proof that they allowed the unauthorized use of their notarial signatures, notarial seals, and notarial registers for a fee.

The complaint stemmed from the alleged notarization of documents related to criminal cases filed before the Office of the Ombudsman concerning the Malampaya Fund issue. The documents were supposedly notarized using the respondents’ signatures, notarial seals, and registers – allegedly forged by Ben Hur Luy.

The 𝘕𝘰𝘵𝘢𝘳𝘪𝘢𝘭 𝘗𝘳𝘢𝘤𝘵𝘪𝘤𝘦 𝘙𝘶𝘭𝘦𝘴 prohibits notaries from notarizing documents if the signatory is not present and properly identified. The Ombudsman claimed that the respondents allowed others to misuse their notarial registers, stamps, and seals in exchange for money and recommended disciplinary action.

However, the SC held that there was no concrete proof that the respondents willingly allowed the misuse of their notarial registers, stamps, and seals.

It noted several missing elements in the documents, including details such as respondents’ notarial commission serial numbers, office addresses, Integrated Bar of the Philippines chapters, and Professional Tax Receipt numbers. It also found irregularities in the notarial certificates regarding the validity of their notarial commissions.

Read the full text of the Press Release at https://tinyurl.com/mpwwhmrv.

Read the full text of the Decision at https://tinyurl.com/4dtxmphe.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

20/03/2025

MORE FILIPINOS NOW OWN LAND, FARMS, AND SECOND HOMES – BSP SURVEY REVEALS

A recent Bangko Sentral ng Pilipinas (BSP) survey shows a rise in Filipino property ownership beyond primary residences, with more individuals acquiring land, farms, and second homes. Ownership rates are highest in Visayas and Mindanao, with many properties inherited or purchased in cash. Most are used for agriculture, future homes, or vacation retreats. Notably, nearly 95% of these properties have appreciated in value, with market prices surging an average of 8.4 times their original cost.

This story originally appeared on tribunephl. Graphics and minor edits were made by the Destination PH editors.



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BAGO BUMILI NG LUPA❗️❗️❗️FAQs on real estate investments:Beware of the word “CLEAN TITLE”. You can only call it clean ti...
28/02/2025

BAGO BUMILI NG LUPA❗️❗️❗️

FAQs on real estate investments:

Beware of the word “CLEAN TITLE”.
You can only call it clean title IF:

✅ Owners that appear in the title of the property are still ALIVE & CAN SIGN documents

✅ NO disputes attached in the title AND “certified true copy” of the title.

Please take note of the “AND” because not all disputes are printed in the original title itself. Thus, it is very important to request for the latest certified true copy of the title.

✅ All real estate taxes are paid on time. Always request for latest real estate tax clearance.

✅ The owners are married (on or after 1987) The property is considered conjugal even if only one property owner is in the title. Both should sign sale documents. Should the property owner dies, heirs should file and pay for the estate tax of all the properties.

✅ The property estate taxes are not yet paid, the property cannot be called “CLEAN”.

✅ Magkaiba po ang real estate tax na binabayaran ninyo annually at ang estate tax (BIR FORM 1801) You only pay estate tax if the owner in the title ay deads na. Penalties (like big penalties) apply for late filing.

Public service lang po 🙂. Ang estate tax clearance po is NON-NEGOTIABLE. Kailangan talaga syang e file at bayaran whether you like it or not, pag nadeads ang owner na nakalagay sa title. Yep di mo siya matransfer without paying it (kaya nga may amnesty para dun sa matagal na di nattransfer, naextend yun btw)

Ctto

Build your REST HOUSE in a Beautiful Sunset View 🌄🏖️BEACH️LOT FOR SALE ‼️🔴 840K only balance 3 years to pay.🔴 Frontage b...
28/06/2024

Build your REST HOUSE in a Beautiful Sunset View 🌄

🏖️BEACH️LOT FOR SALE ‼️

🔴 840K only balance 3 years to pay.
🔴 Frontage beachline is 130 meters wide.
🔴 Walking Distance from national highway.
🔴 200 meters distance from salay bus terminal & public market.
🔴 Clean Title.
🚩Location: Salay River 1, Salay Misamis Oriental.

PM me now if interested.

Contact: KJ
゚viralシ

LOT FOR LEASE ALONG NATIONAL ROAD BUTUAN TO CAGAYAN DE ORO. LOCATED AT BINITINAN BALINGASAG MISAMIS ORIENTAL. WALAY PROB...
27/06/2024

LOT FOR LEASE ALONG NATIONAL ROAD BUTUAN TO CAGAYAN DE ORO. LOCATED AT BINITINAN BALINGASAG MISAMIS ORIENTAL.
WALAY PROBLEMA SA GRAVEL NA TAMBAKAN NA. ACCESSIBLE SA HIGHWAY NATIONAL ROAD, CORNER LOT NEAR BARANGAY HALL.
GOOD FOR COMMERCIAL SPACE, BODEGA AND INTERNET TOWER.

👉 ACCESSIBLE KAAYO ANY TYPE OF VEHICLE PWDE MAKA SULOD,
👉KILID SA KALSADA
👉KUSOG ANG TUBIG
👉NAAY KURYENTE
👉NAAY SIGNAL
👉DOUL SA PALENGKE
👉DOUL SA MGA RESORT
💛CORNER LOT
👉GOOD FOR STORE, CAFE, HARDWARE
👉GROCERY & OFFICE

゚viralシ

27/06/2024

❤️🌱🍂🌿Claveria, Misamis Oriental😍

Address

Cagayan De Oro City
Cagayan De Oro
9000

Website

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