Bureau of Local Government Finance Opinion

August 2, 2001 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION 2nd Indorsement Respectfully returned, to the In-Charge of Office, Office of the Regional Director for Local Government Finance, Department of Finance, Region 1, Second Floor, Mabanag Justice Hall Building, Governor Luna Street, San Fernando City (La Union), the within preceding Indorsement dated June 26, 2001 relative to the letter dated June 19, 2001 of the Officer-in-Charge, Provincial Assessor's Office of Ilocos Norte, Laoag City, requesting a ruling on whether or not an Affidavit of Ownership could be accepted as basis for the transfer of ownership of untitled properties. In this connection, attention is invited to the letter dated July 13, 1990 of this Bureau, copy enclosed, treating on a similar subject matter, the penultimate portion of which states as follows: "On the other hand, in a letter dated November 28, 1988, copy also enclosed, the Administrator, National Titles and Deeds Registration Administration (NLTDRA), in citing Section 112 of said Law (PD 1529), opined that "this Authority holds that self-serving affidavits may not be sufficient in form and in law as a mode of conveyance. It must be denied registration". "It is clear, therefore, that transfer or cancellation of tax declaration may be effected only after registration of the document conveying real property. It is also clear that NLTDRA denies registration of the aforementioned Affidavit of Ownership." aCHcIE Moreover, attention is invited to Art. 294 of the Implementing Rule and Regulations of R.A. No. 7160, which provides as follows: "Art. 294. Duty of Person Acquiring Real Property or Making Improvement Thereon . (a) All persons, natural or juridical, or their duly authorized representatives, who acquire at any time a parcel or parcels of land in any municipality or city, shall file with the provincial, city or municipal assessor of the locality where the property is located, a sworn statement declaring the true value of subject property within sixty (60) days after the acquisition of such property as evidenced by a duly notarized or final deed of conveyance executed between the contracting parties bearing proof of registration from the Registrar of Deeds concerned. The sixty (60) days period shall commence on the date of execution of the deed of conveyance." Your query is therefore answered in the negative. (SGD.) BENJAMIN A. GERONIMO Executive Director