philippine real estate laws

Article 649 and 650 of the Civil Code – Legal Easement of Right of Way

here's an article from businessinquirer.net written by Ma. Soledad Deriquito - Mawis that is a big concern not only for individual owners but specially with the Government's infrastructure project countrywide : EASE MY WAY Nero was the owner of a parcel of land, known as Lot No. 1 (dominant estate). Immediately behind his land is Lot No. 2, a swampy mangrove area owned by the Republic of the...

Senate Bill No. 1454 – Agricultural Free Patent Act of 2017

Here's an article from Manila Bulletin's correspondent, Mr. Mario Casayuran re the recent approval of Senate Bill No. 1454, “Agricultural Free Patent Reform Act of 2017,’’.  Hopefully this will address the issue of our farmers who have been denied credit thus holding back the possible growth or expansion of the Agricultural sector and making importation a more feasible option for most companies...

Speaker Alvarez moves to amend “Conjugal Assets” Sharing

Here's an article from www.congress.gov.ph re " Amendment of Conjugal Assets ", filed by Speaker Pantaleon Alvarez : House of Representatives Alvarez moves to amend "Conjugal Assets" Sharing Speaker Pantaleon Alvarez has filed a bill to prevent bitter property feud between estranged couples. It may even deter marriage for money. In filing House Bill No. 5268, Alvarez seeks to amend...

Land Grabbing or Fake Claim ???

here's an interesting article on a property being disputed by the SM group of Companies and supposedly the "rightful heirs" of the property ( till proven ).  there are always two sides to the story on the top of the judicial system we currently have, just thought I'd share this article as being in the business for quite sometime, there are many unscrupulous transactions, land grabbing and illegal use...

Case Study : Donor’s Tax

Case Study : Re post i did a month ago wherein a Seller and Buyer were under negotiation for a purchase of a real estate property, the issue of Donor's Tax has already been addressed and it's also plain and simple, it's for the Buyer's Account. The Buyer is undergoing annulment of marriage and wants to name the property under their only child who is still a minor.  The annulment case is already...

Requirements for a Corporation Selling Real Property in the Philippines

Case Study : A property which was named in a Corporation twenty five years ago for the purpose of ownership is now being sold.  The Corporation has no activities and has not been filing any VAT related documents.  Upon checking the TIN # with the Bureau of Internal Revenue, the Corporation is non-Vatable and is instead subject to Percentage Tax.  Since the Corporation is the owner of the...

The Importance of Zonal Value

When is Capital Gains Tax and Documentary Stamps Tax on a sale or a Real Property payable to the Bureau of Internal Revenue ? Capital Gains Tax ( for real property - 6% ) ; is payable within 30 days after each sale, exchange, transfer or other disposition of real property .  On installment sales wherein both Seller / Developer  and Buyer have agreed on a long term basis ( 30 days or more ), Capital...

Standardization of BIR Procedures

Here's an issue that's been a pain for everyone involved in real estate business and it's high time that something must be done about it ! The problem is why the procedures in most government agencies ( Bureau of Internal, Assessor's Office and Register of Deeds ) are not standardized ! This particular case involves the "Escrow Refund" from a sale of a primary residence.  Based on our past...

What is an Heir’s Bond ?

What is an Heir's Bond ? Heir’s Bond: Broadly speaking, the term “heir” includes all persons, whether relatives or not, who succeed or inherit from a deceased person either by will or under the laws  of intestate succession (when the decedent left not will). The “estate” of the deceased constitutes the mass or totality of properties, whether real or personal, including the transmissible...

Transfer of Title Procedures

  Transfer of Title in the Philippines Check the authenticity of ownership of a property before buying a property by verifying it's Title ( Transfer Certificate of Title if land is involved or Condominium Certificate of Title if a condominium is being purchased ).  Verification is done through the Register of Deeds of the City where the property is located. When transferring a title (...

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