Yuta Data Data is NOT A SAFE INVESTMENT! (Land on Installment Basis Scam)
Yuta data-data is a currently trending and controversial way to buy and sell land in the provinces of the Philippines these days. It is very trendy that some people are attracted to it because it looks like an easy and affordable way to buy and own land. No banks, Pag-IBIG loans needed. Just a monthly amortization payable directly to the developer or its "representative".
The phrase "yuta data data" is Cebuano terminology that simply means "Land on Installment Basis". At first glance, there seems to be nothing wrong with it. It is widely accepted and normal for a lot or land ("yuta") to be sold on installment basis ("data-data"). However, the devil is in the details.
Reality vs. The Land on Installment Basis Scam
Any would-be investor should be wary of this scheme. So what is the cause for concern?
When you buy a subdivided lot from a developer, you are not just buying the piece of land but also into the promise of the developer that they will continue to develop the land. They must build infrastructure, the roads, utility poles and lights, lay down water and communication lines, perimeter fences and security gates, and have adequate civic facilities such as club house, playing courts, etc. Also, the developer must form a HOA (Home Owners' Association) who will manage the common areas and facilities when the developer has completed the project. Even socialized housing projects have these guarantees.
However, the land offered under this "yuta data-data" scheme do not have these guarantees. They are offered at a very low price to attract and exploit the uninformed sectors of our society. Typically they claim that the lots only have "Tax Dec". This is already a red flag and should alarm you!
By the law PD 975, any land owner who wants to subdivide their land with the intent of selling the subdivided lots or units must register and get a License to Sell (LTS) from the HLURB (now DHSUD). Many of these so-called developers who offer "yuta data-data" do not have a LTS covering their development. And LTS is important, because it shows to the public that the DHSUD have examined the detailed plans of this developer and that they have sufficient money and experience to successfully develop and complete their proposed housing project.
These so-called "developers" often present themselves as a legitimate developers but often time will refuse to give you further information to prove their legitimacy.
The Difference between LAND TITLE vs. TAX DECLARATION
CERTIFICATE OF TITLE
1. A document evidencing a right of ownership to a property
2. A document that attest to the fact that the person named is the owner of the property described therein subject to liens and encumbrances noted on it
3. It is registered with the Register of Deeds of the province or city where the land is located
4.The Certificate of Title is indefeasible and imprescriptible
5. All claims to the land are quieted upon issuance of this document
6. Recorded with the Register of Deeds of the municipality, city, or province where the land is located.
TAX DECLARATION
1. A document that show good sign of possession only in the concept of owner, not ownership
2. Not conclusive evidence of ownership to property, but only a proof of payment of realty taxes
3. Recorded with the Assessor’s Office of every municipality or city where the land is located
Ang pagmamay-ari ng lupa ay napapatunayan sa pamamagitan na hawak na titulo na kung tawagin ay ang Transfer Certificate of Title (TCT) o Condominium Certificate of Title (CCT). Ayon sa maraming Supreme Court decisions “the best proof of ownership of a piece of land is the Certificate of Title” (Halili vs. Court of Industrial Relations, 257 SCRA 174 [1996]). Ito ang tinatawag na titulo ng lupa at wala nang iba pa.
Ang "tax declaration ay hindi titulo ng lupa. Maraming Supreme Court decision din ang nagsasabi na "Tax declarations and receipts are not conclusive evidence of ownership. At most, they constitute mere prima facie proof of ownership of the property for which taxes have been paid. In the absence of actual, public and adverse possession, the declaration of the land for tax purposes does not prove ownership." Ibig sabihin nito na ang tax declaration ay hindi siguradong ebidensiya ng pagmamay-ari ng lupa.
While tax declarations and receipts are not conclusive evidence of ownership and do not prove title to the land. Ang tax declaration ay pwedeng i-apply para maging titulo.
May dalawang pamamaraan ng pagpaparehistro ng lupa, ito ay ang sumusunod:
1. Judicial Proceeding – kung saan kinakailangan ninyong magfile ng petisyon para sa registration sa korte.
2. Administrative Proceeding –ito ay pamamaraan kung saan mag-file ng application para sa “Homestead Patent” sa DENR at ang registration ng patent na ito ang magiging batayan para sa pag-isyu ng Original Certificate of Title alinsunod sa Commonwealth Act 141 o ang “THE PUBLIC LAND ACT”.
How To Avoid YUTA DATA DATA SCAM!
The fastest way to spot an illegal development is the look for their LTS. All development projects for sale should have an LTS, and it should be displayed prominently in all their ads. Then, you can then look up the LTS number on the DHSUD/HLURB website.
Always ask your brokers and salespersons to show their PRC ID's and HLURB ID's, respectively. The PRC is usually very delayed in issuing the salespersons their ID's, however, DHSUD/HLURB ID will do since PRC accreditation is a requirement to get it.
The Department of Human Settlements and Urban Development (DHSUD) and the Land Registration Authority (LRA) through its local Registry of Deeds (RD) offices have now strictly required all new land subdivisions to present a valid License To Sell (LTS) in order to transfer the title, except among heirs.
And so, land buyers MUST BEWARE of sellers who are selling undivided properties (no individual titles) based on the promise of a future title. Based on the stated policies of DHSUD and LRA, that title will not and cannot be transferred to the buyers until the sellers comply with the requirements of the DHSUD and LRA.
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Yuta Data Data is NOT A SAFE INVESTMENT! (Land on Installment Basis Scam)
Reviewed by Vernon Joseph Go
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Monday, May 23, 2022
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