looking to buy land in Philippines and build my house

Very true,  as always,  someone tries to turn these forums into profit making ventures with some misleading statements,  funny how they always seem to have a "product" To offer at a cost.

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Moderated by Bhavna 2 years ago
Reason : Off-Topic
We invite you to read the forum code of conduct

Head Ache reading so much,

Can any one brief a simple way in buying a condo or lease a property.

What if we buy a land or house on a trust worthy friend and he/she give us the power attorney or lease , is it possible?

kindly let me know.

[at] Vincent Claud,

On an important topic as this, one needs to be aware of the many topics covered and if learning the topics outlined by so many here in expat is to much and or causes head aches … perhaps desiring to obtain property here in the Philippines (without learning the legal details) should not be considered. 

However, a sImple/brief set of facts follow:

- A proper lease does not involve a POA.

- A proper lease will survive the lessor 's death.

- A 25 year lease with option for another 25 years is a safer and common option. 

Doing a proper lease is wise.

Note" 50 years + 25 years typically is not an option for expats.

- A POA can be considered "self-helping" or "self-dealing" and will not survive a death or a revocation by either party.  Understand "Fiduciary Duties" and review the common definition of:

A fiduciary is a legal or ethical relationship of trust between two or more parties. - Doing a POA to sit on land is not wise.

- You (a foreigner) can't legally buy land or have your name on the Deed of absolute sale as purchaser - Doing any docs that show you as purchaser or owner is not wise.

- A condo with a CCT can be purchased/owned by a foreigner in his/her name without any 3rd party (trusted or otherwise), if there are no more than 40% foreigners currently as unit owners - Only considering a new unit with a current occupancy permit is wise.

Good Luck

Dear Calif,

Thanks for the informative honest statements, I will think and plan over to look into a condo unit then.

Hello everyone,

A new member registered today on the forum proposes to sell his house in the Philippines.

She put an ad on the forum (French section).
This is the link  https://www.expat.com/fr/immobilier/asi … endre.html

Cordially,

Aldo

You cannot lease from your wife

But lease is the way to go if you want land in your name for a period of time, there are laws dealing with property rights for Filipinos who have foreign partners that pass away,her or his part is determined by Filipino law and the foreigner is on the bottom of the list

[at] Aldo,

I suggest you let the seller post their wises in English, if the idea is to get any attention from expats here.   Please also note the follow areas where some may consider your post to be the foundation of a scam:

1.  How can such an announcement be taken serious when you state: "A new member registered today on the forum proposes to sell his house in the Philippines."   [Note the word HIS]. Then you state:  "She put an ad on the forum (French section)."  [Note the word SHE].  What is the gender of the so-called owner or is it unknown?

2.  If this person truly owns a house in the Philippines are they a citizen of the Philippines?

3.  If they own the house are they also owners of the land the house sits on?

4.  Why would a Filipino owner of a house place an add in the French expat section?

The above makes both you the person posting, and the seller or the person listed by you, to be very suspect.  Please note the ad section for such posting.

Calif-Native :

[at] Aldo,

I suggest you let the seller post their wises in English, if the idea is to get any attention from expats here.   Please also note the follow areas where some may consider your post to be the foundation of a scam:

1.  How can such an announcement be taken serious when you state: "A new member registered today on the forum proposes to sell his house in the Philippines."   [Note the word HIS]. Then you state:  "She put an ad on the forum (French section)."  [Note the word SHE].  What is the gender of the so-called owner or is it unknown?

2.  If this person truly owns a house in the Philippines are they a citizen of the Philippines?

3.  If they own the house are they also owners of the land the house sits on?

4.  Why would a Filipino owner of a house place an add in the French expat section?

The above makes both you the person posting, and the seller or the person listed by you, to be very suspect.  Please note the ad section for such posting.

you are right, and it seems like it has been removed before i get the chance to read it.
About Aldo, i have no doubt ;)
he used to be the admin of the french forum.

Foreigners cannot own land period, if your married and have land her part is covered By Filipino law who gets what your way down the list

that s right...
If you would really buy a land and put under a filipino/a s name? Lease the land straight away under your name...Do not take any risk,

Just as a side note:  Do not fall for the lease for 50 +25 years.  This option only applies to a legal entity (i.e., a Corporation).  All humans fall under the law that allows for foreigners to lease a piece of land for 25 years and renew the lease for another 25 years only! 

Some have been told to get a good lawyer to get around the law for you, the foreigner. 

Do not move on this false assumption. There is no law that can override the constitution.  Note: Sections 3 and 8 of Article XII of the Philippine Constitution restricts the ownership of land by individuals to Filipinos and former Filipinos. 

Of course Section XII is used by some to claim legal ownership status in cases of hereditary succession.  Which states: ”Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain”.

This can get complicated to navigate since “hereditary succession” means a foreigner can acquire land through intestate inheritance.

Key words/phrases to research are, "hereditary succession" and "intestate inheritance" (without a will or last testament assigning the land).

The surviving foreign spouse can only inherit the land (assuming no other qualified living Filipino relatives), but not via a transfer of ownership by way of a last will and testament.  This is most likely a rare occurrence that few of us expats will experience.

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