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Power of Attorney - Land Ownership/Control

Discussion in 'Expat Section' started by Rye83, Nov 1, 2018.

  1. Dave_Hounddriver

    Dave_Hounddriver DI Forum Luminary Highly Rated Poster

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    Or it could be that others do not seek legal advice from top-ranked local lawyers and do not do their own due diligence by reading up on it in articles such as this one
    https://www.manilatimes.net/instances-power-attorney-cant-revoked/137683/

    But it could also be that I am misinformed. Property rights in Philippines are a minefield. And yet, so many of us pay for property here that all say we can not own. Quite the interesting situation.
     
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    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    The issue there is that no mention of "foreigner" was made in the article. The law will differ and exemptions will be made when real estate and foreigners are involved. My OP here is SC case law that specifically mentions a situation where a POA was used by a foreigner. The SC invalidated/ignored that POA even though there appears to have been a contract that relied on said POA (an exemption on canceling the POA listed in that article).

    "There is no rule more settled than this constitutional prohibition, as more and more aliens attempt to circumvent the provision by trying to own lands through another." (They are talking about POAs in this context.)

    It is my opinion that the SC has made it extremely clear that POAs are not a method to own property.

    As for top-ranked local lawyers...that's questionable IMO. I would say the top lawyers tend to be more "connected" than competent. They can get their shite through local courts with their connections, which is good enough for most local matters...but when those lower court's decisions get appealed they regularly get overturned in the Appeals Court or later in the SC.
     
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  3. Dave_Hounddriver

    Dave_Hounddriver DI Forum Luminary Highly Rated Poster

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    I am sure you are right, but with the speed the legal system moves in the Philippines I would be dead by then so I would not give a shite.
     
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    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    True. My only concern would be if I were getting near my death bed or becoming senile and then the subject was brought up in court. Hopefully the courts would have some compassion...
     
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