LAND IN THE PHILIPPINES
Who can own land in the Philippines?
Acquisition and ownership of private lands in the is limited and/or reserved to Filipinos or to Corporations or partnerships where at lease 60% of the authorized capital of which is owned by Filipino citizens, except:
When such property is acquired prior to the 1973 Constitution;
Acquisition by an alien or foreigner by hereditary succession;
Aliens/foreigners owning not more than 40% interest in a condominium project pursuant to RA 4726;
Where a former natural born Filipino who became a citizen of another country but is now returning to the to reside hereat permanently. Hence, have acquire through sale, donation, or through a tax sale, foreclosure sale, or execution sale not more than 1,000 sq. m. for urban land or not more than 10,000 sq. m. for rural land to be used solely for residential purposes and subject to other limitations and requirements as provided under the law (Batas Pambansa No. 185);
A Filipina who marries an alien retains her Philippine citizenship (to avoid being stateless) unless by her own act or omission she is deemed to have renounced her Filipino citizenship, may acquire and own private lands in the .
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What are the bundle of rights of property ownership?
The bundle of rights theory inherent to property ownership are the right to use (Jus-Utendi), the right to enjoy the fruits of (Jus-Fruendi), the right to dispose (Jus-Disponendi), the right to abuse (Jus-Abutendi), the right to recover (Jus-Vindicandi), and the right to possess (Jus-Possidendi). The rights incident to ownership are, the right:
to enjoy and dispose of a property without other limitations than those established by law;
to file action against third parties to recover ownership;
to use force as may be reasonably necessary to repeal or prevent an actual or threatened unlawful invasion or usurpation of his property (Art. 429, NCC, relate to Art. 312, RPC);
the right to enclose or fence property - walls ditches, live or dead hedges - or by any other means without detriment of servitudes constituted thereon;
to demand indemnity for damages caused to property;
the right to compensation in the event of expropriation;
the right to be restored to possession in case of unlawful dispossession;
the right to the surface and subsurface of the land, right to construct thereon any works, plantation and excavation without detriment to servitude and subject to special laws and without right to complain of the reasonable requirements of aerial navigation;
the right to hidden treasure;
the right to accession and fruits of the property;
the right to "quiet title" to real property or any interest therein.
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What is the Steward Concept of property ownership?
The Steward Concept is a legal doctrine which holds that property ownership presupposes noncomittant obligations to the state and the community and that property is supposed to be held by the individual only as trustee for people in general; and that as mere steward, the property owner must exercise his rights to the property not just for his own exclusive and selfish benefit or interest but for the good and general welfare of the nation as a whole.
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What is the Regalian Doctrine of property ownership?
A principle in law which means that all natural wealth - agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the state. Thus, even if the private person owns the property where minerals are discovered, his ownership for such does not give him the right to extract or utilize said minerals without permission from the state to which such minerals belong.
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What are the limitations on right of property ownership?
CONSTITUTIONAL - such as police power, eminent domain or expropriation of private property for public use, taxation and escheat when revision of private property to state ownership in case of death of property owner without an heir;
LEGAL - zoning ordinances, regulations on subdivision projects, building code, and other special laws and regulations; and
CONCENSUAL/VOLUNTARY - easements and servitudes, usufructs, lease agreements, restrictions in subdivision and condominium deeds or restriction.
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What are the different modes of acquiring property ownership?
Private Grant - such as in a voluntary deeds of sales of property;
Public Grant - by administrative method of government such as in homesteads, free patent, etc;
Descent - by hereditary succession or inheritance;
Accretion - the process by which soil is deposited to lands adjoining rivers or flowing waters;
Reclamation - the filling of submerged land by deliberate act;
Adverse Possession or Prescription - the continuous, public and uninterrupted possession of a property for a period fixed by law;
Voluntary Transfer - such as by execution of sale;
Involuntary Alienation or Involuntary Grant - the process by which the land is taken against the consent of the owner. Examples are expropriation proceeding, execution of judgement, tax sales, and foreclosure of mortgage;
Devise - the acquisition of land by a person through the will of the owner or the testator such as in donation;
Emancipation Patent - the grant of agricultural land to tenant-farmers in the implementation of the land reform program of the government.
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What are easements and servitudes?
EASEMENT refers to a right of use over the property of another. Traditionally, the permitted kinds of uses were limited, themost important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was, rather than for the benefit of a specific individual. On the other hand, SERVITUDE is a burden imposed upon another. Servitudes are also classed as positive and negative. A positive servitude is one which obliges the owner of a servient estate to permit or suffer something to be done on his property by another. A negative servitude is one which does not bind the servient proprietor to permit something to be done upon his property by another, but merely restrains him from making a certain use of his property which would impair the easement enjoyed by the dominant tenement. It is stated in the law that a person has a right (easement) to impose a burden (servitude) upon another in cases provided for by law.
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What are requirement for a compulsory easement of Right-of-Way?
Property is surrounded by other properties and there is no adequate exit to the public highway;
payment of proper indemnity;
the isolation was not due to owners own acts; and
the right of way claimed is at the point least prejudicial.
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What are immovable real properties?
Real properties includes land and all things immovably attached to it such as (Art. 415, NCC):
building, roads, and construction of all kinds adhered to the soil;
trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;
everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;
statues, reliefs, paintings, or other object for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;
machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building on a piece of land and which tend directly to meet the needs of the said industry or works;
animal houses, pigeon houses, beehives, fishponds, or breeding places of similar nature, in case their owner has placed them or preserved them with the intention to have them permanently attached to the land and forming a permanent part of it, the animals in these places are included;
fertilizer actually used on a piece of land;
mines, quarries and slag dumps, while the matter thereof forms part of the bed, and water either running or stagnant;
docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake or coast; and
contracts for public works, and servitude and other legal rights over immovable property.
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Steps and Procedure of Real Estate
Sale Documentation and Registration
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1. Photocopy the document of sale like Deed of Absolute Sale.
2. Pay to update Real Estate Taxes as of date of document of sale.
3. Secure Tax Clearance from the Treasurer's Office after payment of taxes.
4. Preparation of BIR Form 1701-E (Individual Capital Gains Tax Return).
Requirements:
Photocopy of Transfer Certificate of Title
Photocopy of latest Tax Declaration
Real Estate Tax clearance
Original and Photocopy of Deed of Absolute Sale
Certificate of No Improvement from the Assessor's Office if vacant lot.
- Payment for Capital Gains Tax and Documentary Stamps shall be in cash or in managers check, to be pain in the BIR Regional office where property is located.
- Capital Gains Tax shall be filed and paid to the BIR within thirty days from date of sale.
- Documentary Stamps shall be paid within twenty-four (24) hours after notarization of Deed of Sale.
5. Pay the Transfer Tax at the Treasurer's Office.
Requirements:
Photocopy of Deed of Absolute Sale
Photocopy of Transfer Certificate of Title
Photocopy of Tax Declaration
Photocopy of Real Estate Tax Clearance
6. Submit to the Registry of Deeds where property is located the following documents:
Owner's duplicate copy of Transfer Certificate of Title
Original Photocopy of Deed of Absolute Sale
Certificate Authorizing registration from the BIR
Payment of Capital Gains Tax and Documentary Stamps
Photocopy of Real Estate Tax Clearance
Photocopy of Tax Declaration
REMINDER: The owner or the broker as authorized by the owner should be the one to present the above documents to the Register of deeds because the new TCT shall be released only to the presenter of the above documents
7. Secure from the Assessor's Office a new Tax Declaration.
Requirements:
Photocopy of the title, duly authenticated at the Assessor's Office
Photocopy of Deed of Absolute Sale
Real Estate Tax Clearance
8. Submit new Transfer Certificate of Title in the name of the buyer and new Tax Declaration to the buyer.
For inquiries contact ROMULO CORTEL email address: cortelromulo@yahoo.com Visit ...... website:www.http://cortelromulorealty.multiply.com mobile no. 063-9193240492 /063-9228286283 office tel.number ...063-32- 4218211 / 3482293
