Quitclaim Deed (Philippines)
DEED OF QUITCLAIM
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Quitclaim is executed this [Deed Date] by [Grantor Name], of legal age, [Grantor Civil Status], Filipino, and residing at [Grantor Address] (hereinafter, the "Grantor"), with the marital consent of [Spouse Name] where applicable;
in favor of [Grantee Name] of [Grantee Address] (hereinafter, the "Grantee").
WITNESSETH:
That for and in consideration of [Consideration], Philippine Currency, the receipt and sufficiency of which are hereby acknowledged by the Grantor, the Grantor hereby QUITCLAIMS, RELEASES, REMISES, and FOREVER RELINQUISHES unto the Grantee, [Interest Quitclaimed] in and to the following described real property:
PROPERTY: [Property Description]
TITLE: Covered by [Title Number] of the Registry of Deeds.
The Grantor hereby warrants that the Grantor has not done or suffered anything whereby the said property has been encumbered in any manner whatsoever by the Grantor's act. The Grantor makes no representation or warranty as to the quality or validity of the title to the property conveyed, and the Grantee accepts the same in its present state and condition.
This Deed of Quitclaim is executed pursuant to Article 6 of the Civil Code of the Philippines (Republic Act No. 386) and is subject to the payment of applicable taxes under the National Internal Revenue Code (RA 8424, as amended by the TRAIN Act, RA 10963), including Capital Gains Tax and Documentary Stamp Tax, and to registration with the Register of Deeds under the Property Registration Decree (PD 1529).
IN WITNESS WHEREOF, the Grantor has signed this Deed of Quitclaim on the date first above written.
[Grantor Name]
Grantor
[Spouse Name]
Spouse (Marital Consent, if applicable)
Signed in the presence of:
________________________ ________________________
Witness 1 Witness 2
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City/Municipality of __________________, personally appeared [Grantor Name] with Government ID No. _____________, known to me and to me known to be the same person who executed the foregoing Deed of Quitclaim and acknowledged to me that the same is the free and voluntary act and deed.
WITNESS MY HAND AND SEAL this _____ day of _____________, 20___.
Notary Public
Grantor
________________
Signature
Grantee
________________
Signature
What Is a Quitclaim Deed (Philippines)?
A Quitclaim Deed in the Philippines formally records and gives effect to the transfer or arrangement it concerns once executed and, where required, registered.
In the Philippine context, a Quitclaim Deed is commonly used in intra-family transfers where all co-owners or heirs agree to consolidate title in one person's name, or where one co-owner surrenders their undivided share under Article 493 of the Civil Code. Co-ownership of real property in the Philippines frequently arises through intestate succession under Articles 960-1014 of the Civil Code, where heirs inherit undivided shares that must be partitioned or consolidated through notarized instruments registered with the Register of Deeds.
Under the Property Registration Decree (Presidential Decree No. 1529, 1978) — the primary law governing the Torrens title system in the Philippines administered by the Land Registration Authority (LRA) — all instruments affecting registered land, including Quitclaim Deeds, must be presented for registration with the Register of Deeds of the province or city where the property is located. Registration under PD 1529, Section 51 is the operative act that creates, transfers, or encumbers real rights in registered land. Without registration, a Quitclaim Deed is valid between the parties but has no effect against third parties.
For Bureau of Internal Revenue (BIR) purposes, a Quitclaim Deed transferring real property triggers capital gains tax (6% of gross selling price or fair market value, whichever is higher) under the National Internal Revenue Code (NIRC, RA 8424 as amended by TRAIN Act RA 10963), and documentary stamp tax (1.5% of consideration) under Section 196 of the NIRC. BIR clearance (Certificate Authorizing Registration, CAR) must be obtained before the Register of Deeds will transfer the title.
The legal framework governing the Quitclaim Deed (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Quitclaim Deed (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Property Registration Decree (PD 1529) sets the foundational requirements.
When Do You Need a Quitclaim Deed (Philippines)?
A Quitclaim Deed in the Philippines is needed whenever a person wishes to formally relinquish their claimed interest in real property without the warranties and formalities of a full Deed of Absolute Sale.
A Quitclaim Deed is required when co-heirs of a deceased person's estate agree that one heir will take the real property in its entirety, with the other heirs executing quitclaims over their undivided shares under Articles 1078-1090 of the Civil Code governing partition of the hereditary estate. The quitclaim, together with the Extrajudicial Settlement of Estate, is registered with the Register of Deeds under PD 1529.
A Quitclaim Deed is needed when divorcing spouses (or legally separated spouses whose property separation has been decreed by the Regional Trial Court under the Family Code, EO 209, Article 63) wish to transfer real property from one spouse to the other, resolving questions of conjugal partnership or community property under Family Code Articles 74-148.
A Quitclaim Deed is required when a co-owner of registered land wishes to sell or donate their undivided share to another co-owner, consolidating ownership without the need for a formal partition proceeding before the Regional Trial Court under Rule 69 of the Rules of Court.
A Quitclaim Deed is needed in real estate transactions where the seller cannot provide a complete chain of title but wishes to transfer whatever right they have, and the buyer accepts the associated title risk — common in informal settlements undergoing land regularization under the Community Mortgage Program (CMP) of the Social Housing Finance Corporation (SHFC).
A Quitclaim Deed is required when an employer or lending institution requires documentary evidence that a borrower or employee has relinquished all claims to collateral property in satisfaction of a debt, alongside the Deed of Absolute Sale or mortgage cancellation.
What to Include in Your Quitclaim Deed (Philippines)
A valid Philippines Quitclaim Deed must contain the following essential elements to be registered with the Register of Deeds and to effectively transfer property rights.
Parties: Full legal names, addresses, civil status, and citizenship of the grantor and grantee. For married grantors, the marital consent of the spouse is required under Article 96 of the Family Code (for community property) or Article 124 (for conjugal partnership of gains), because neither spouse may alienate real property forming part of the community or conjugal estate without the written consent of the other. Absence of spousal consent renders the alienation voidable under Article 96(2) of the Family Code.
Property Description: A precise technical description of the property consistent with the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) — including the title number, lot number, block number, survey plan number, area in square meters or hectares, and location (city/municipality, province). The description must match the Torrens title exactly; discrepancies cause rejection at the Register of Deeds.
Nature of Interest Being Quitclaimed: A clear statement of the specific right, title, or interest being relinquished — for example, "the undivided one-fourth (1/4) share" or "all right, title, and interest" — and confirmation that the deed passes no warranty of title (the quitclaim nature of the instrument).
Consideration: The amount of consideration in Philippine peso (PHP ₱), which forms the basis for capital gains tax (6%) and documentary stamp tax (1.5%) under the NIRC (RA 8424 as amended by TRAIN RA 10963). For gratuitous transfers (no monetary consideration), the deed constitutes a donation subject to donor's tax at 6% under Section 98 of the NIRC.
Notarization and Registration: The deed must be notarized before a notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), and then registered with the Register of Deeds under PD 1529 after obtaining BIR clearance (Certificate Authorizing Registration).
Additional compliance elements for a Quitclaim Deed (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
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year = {2026},
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note = {Free legal document template. Based on Property Registration Decree (PD 1529)}
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Frequently Asked Questions
A Quitclaim Deed transferring real property in the Philippines triggers several taxes under the National Internal Revenue Code (NIRC, RA 8424 as amended by the TRAIN Act, RA 10963). Capital Gains Tax (CGT): 6% of the gross selling price or the fair market value (zonal value or assessed value as determined by the Bureau of Internal Revenue), whichever is higher, payable by the seller/grantor within 30 days of the execution of the deed under Section 24(D) of the NIRC. Documentary Stamp Tax (DST): 1.5% of the consideration or fair market value under Section 196 of the NIRC, payable within 5 days after the close of the month of execution. If the transfer is gratuitous (a donation), Donor's Tax of 6% of the net gift value applies under Section 98 of the NIRC. Local Government Transfer Tax: 0.5% to 0.75% of the consideration, payable at the City or Municipal Treasurer's Office. The BIR Certificate Authorizing Registration (CAR) — obtained after payment of CGT and DST — must be presented to the Register of Deeds before the title can be transferred under PD 1529.
Registration of a Quitclaim Deed with the Register of Deeds is mandatory for the transfer to bind third parties and for a new Transfer Certificate of Title (TCT) to be issued in the grantee's name. Under Section 51 of the Property Registration Decree (PD 1529), the registration of an instrument affecting registered land is the operative act that vests or transfers real rights. An unregistered Quitclaim Deed is valid and binding between the grantor and grantee, but has no effect against third parties — a subsequent buyer in good faith who registers their title ahead of the quitclaim holder will prevail under the Torrens system's priority rule. The registration process at the Register of Deeds requires: (1) original notarized Quitclaim Deed; (2) BIR Certificate Authorizing Registration (CAR); (3) original owner's duplicate of the TCT or OCT; (4) transfer tax clearance from the City/Municipal Treasurer; (5) real property tax clearance from the City/Municipal Assessor; and (6) applicable registration fees. Processing times at the Register of Deeds vary by city.
The key distinction between a Quitclaim Deed and a Deed of Absolute Sale in the Philippines lies in the warranties provided by the transferor. A Deed of Absolute Sale under Article 1458 of the Civil Code imposes implied warranties on the seller: (1) warranty against eviction — the seller guarantees the buyer will not be disturbed in their possession by a third party with a prior right (Articles 1548-1560 of the Civil Code); (2) warranty against hidden defects — the seller is liable for defects that make the property unfit for its intended use or significantly diminish its value (Articles 1561-1571 of the Civil Code). In a Quitclaim Deed, these warranties are expressly excluded — the grantor conveys only whatever interest they actually hold, without guaranteeing the quality of title. A Quitclaim is used when the grantor cannot or will not warrant good title, as in estate settlements, co-ownership consolidations, or informal sector property transfers. Both instruments are taxed the same way under the NIRC and must be registered with the Register of Deeds under PD 1529.
A Quitclaim Deed may be contested in the Philippines on several grounds under the Civil Code. A challenge based on vitiated consent — mistake, violence, intimidation, undue influence, or fraud under Articles 1330-1335 of the Civil Code — must be filed within 4 years from the time the defect ceased under Article 1391. For example, if the grantor was pressured into signing the quitclaim or was misled about the value of the property, the deed may be annulled. A quitclaim executed without the required spousal consent under Articles 96 or 124 of the Family Code is voidable at the instance of the non-consenting spouse within 5 years from the date of the contract under Article 97. A gratuitous quitclaim (donation) that impairs the compulsory share (legitime) of forced heirs under Articles 886-914 of the Civil Code may be reduced by action for reduction of inofficious donations. Under the Torrens system (PD 1529), a registered title is generally conclusive and indefeasible, but may be challenged for fraud within one year from the issuance of the decree under Section 32 of PD 1529.
Spousal consent is required for a Quitclaim Deed involving real property that forms part of the conjugal partnership of gains or the absolute community of property under the Family Code of the Philippines (Executive Order No. 209, 1988). Under Article 96 of the Family Code (absolute community of property), neither spouse may dispose of community property without the consent of the other, and any disposition without consent is void. Under Article 124 (conjugal partnership of gains), the same rule applies — neither spouse may alienate conjugal real property without the other's written consent. The required spousal consent must appear in the Quitclaim Deed itself or in a separate written instrument attached to the deed. However, if the spouses were married under the regime of complete separation of property under Article 145 of the Family Code, or if the property is the exclusive property of one spouse acquired before the marriage or by gratuitous title under Articles 109-110, spousal consent is not required. The Family Code applies to all marriages contracted after August 3, 1988; marriages before that date are governed by the Civil Code's property regime provisions.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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