Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

buying property

View previous topic View next topic Go down  Message [Page 1 of 1]

1 buying property on Thu Sep 02, 2010 1:06 am

annie


Arresto Menor
hi im trying to buy a house and lot sa davao...nad im from canada...the seller has a broker who makes all the paaper works..like checking of docs and stuff...do you think it is wise for me to get a copy nad check how clean the title is?and if there is any unpaid taxes?my mom is there right no in davao?is a month enough to do all these checking and transfer of title?Kasi shes comming back dito sa katapusan...thanks

View user profile

2 Re: buying property on Thu Sep 02, 2010 3:53 pm

attyLLL


moderator
if it's a house and lot, then it has to be in the name of a filipino citizen. are you a dual citizen? if not, you can consider purchasing a codominium unit so that it will be in your name.

for due diligence, here's an old thread on the issue: http://www.pinoylawyer.org/free-legal-advice-f27/all-about-land-t1626.htm


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: buying property on Thu Sep 02, 2010 9:35 pm

annie


Arresto Menor
imnot dual...but isnt it allowed since the property is only 200sq meters...according to what ive read nad heard it should not exceed 10.000 sq M for resedential..thanks

View user profile

4 Re: buying property on Fri Sep 03, 2010 5:08 am

b_9904


Prision Correccional
^the next question is... are you a filipino citizen?

View user profile

5 Re: buying property on Fri Sep 03, 2010 7:41 am

annie


Arresto Menor
no i am not..ihave a canadian cititizenship...thanks

View user profile

6 Re: buying property on Fri Sep 03, 2010 11:46 am

annie


Arresto Menor
no im dont have a filipino citizenship..but iam naturilized canafdian

View user profile

7 Re: buying property on Fri Sep 03, 2010 5:17 pm

attyLLL


moderator
annie, when were you naturalized? were you a natural born filipino? if you became a canadian after 2003, you are still considered a Filipino Citizen under RA 9225, and you can still purchase land.

foreigners are not allowed to own land, regardless of size unless they inherited it.

i always recommend to my clients that they should endeavor to have properties that they pay for be registered in their name even if it's to be used by someone else. if you name it to your mother, when she dies, you have to pay estate taxes for it to be transferred to you. there's always the risk of the person named selling the property without your knowledge.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

8 Re: buying property on Sat Sep 04, 2010 1:33 am

annie


Arresto Menor
I became a Canadian citizen before 2003.So ,this means icant own or buy a house and lot?I've read it somewhere that you can buy ahouse and lot if it is less than 1000 sq. Meters. Is this true should I name it to my moms then?pls.advice...thanks

View user profile

9 Re: buying property on Sat Sep 04, 2010 2:08 am

annie


Arresto Menor
my mom is still a a filipino citizen...can i name her as the owner then?thanks

View user profile

10 Re: buying property on Sat Sep 04, 2010 12:37 pm

b_9904


Prision Correccional
I became a Canadian citizen before 2003.So ,this means icant own or buy a house and lot?I've read it somewhere that you can buy ahouse and lot if it is less than 1000 sq. Meters. Is this true should I name it to my moms then?pls.advice...thanks

ganito nalang...

pinanganak ka bang filipino?

kasi kung ang sagot mo ay pinanganak kang filipino then walang issue. pwede kang mag dual citizen under RA 9225.

If dual citizen kana pwede ka nang bumili ng lupa dito sa Pilipinas.

BAWAL PO MAG ARI NG LUPA ANG MGA HINDI FILIPINO MALIBAN NALANG SA IILANG EXCEPTIONS (Ei: Hereditary Succession). Absolute po yan. Nasa Constitution po ng Pilipinas yan.

View user profile

11 Re: buying property on Sat Sep 04, 2010 12:38 pm

b_9904


Prision Correccional
PS: mga foreigner po ay pwedeng bumili ng condominium unit.

View user profile

12 Re: buying property on Sat Sep 04, 2010 2:08 pm

annie


Arresto Menor
Maraming salamat po And yes i was born Filipino

View user profile

13 Re: buying property on Sat Sep 04, 2010 9:45 pm

attyLLL


moderator
annie, i recommend that you register to regain filipino citizenship. this will get rid of any complications. it's just a matter of filling up an affidavit at the philippine embassy or consulate. i doubt if it will affect your canadian citizenship but of course you should check out this under canadian law.

if you insist to put it in your mother's name, just note that when she dies, you will have to spend to settle her estate and pay for inheritance taxes for something you paid for. and your brothers, sisters and father will become your co-owners since they are entitled to inherit from her.

you are right that, even as a canadian citizen, being a former natural born filipino, you are entitled to buy land.
The laws on land ownership by Filipinos overseas are contained in Batas Pambansa Blg. 185 and Republic Act 8179, which amended the Foreign Investment Act of 1991. BP 185 stipulates guidelines on land ownership by former Filipinos for purposes of establishing residence, while Section 10 of RA 8179 specifies entitlements and conditions for land acquisition for investment purposes.
-http://www.google.com.ph/url?sa=t&source=web&cd=3&ved=0CCEQFjAC&url=http%3A%2F%2Fwww.philippine-embassy.de%2Fbln%2Fimages%2FPTIC%2FLand%2520acquisition-OFWs.070605.doc&ei=dD2CTL7IHYbRcdewpPoK&usg=AFQjCNFJmNA04J9Rs7eHDE5NJB_gPVRA6w&sig2=gmSZJSBCnvj5tFDbTCXghQ


Note that it is required that you actually reside in the property

Section 7. The transferee shall not use the lands acquired under this Act for any purpose other than for his residence. Violations of this Section, any misrepresentation in the sworn statement required under Section 6 hereof, any acquisition through fraudulent means or failure to reside permanently in the land acquired within two years from the acquisition thereof, except when such failure is caused by force majeure, shall, in addition to any liability under the Revised Penal Code and deportation in appropriate cases, be penalized by forfeiture of such lands and their improvements to the National Government. For this purpose the Solicitor General or his representative shall institute escheat proceedings.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

14 Re: buying property on Wed Mar 21, 2012 1:03 am

lovely222


Arresto Menor
ano2x ba dapat gawin pagbibili ka ng lupa?kung ipapatransfer sa pangalan mo?

View user profile

15 Re: buying property on Fri Mar 23, 2012 10:24 pm

attyLLL


moderator
see post no. 2


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

16 Re: buying property Today at 2:13 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum