⌛ Property Ownership -The sticky Question -

Uhm, yeah now that I think about it, UK is one of the largest investor in the USA, Russia is spending lots of money in investments in the UK, China is investing huge amounts in Africa, Saudi Arabia is a bit everywhere and so the US of A......or should we all go back to Pol Pot's Cambodia?
I personally do not like it very much but it seems it's the way forward nowadays......unless you and I have missed something. My opinion is that is better little than nothing at all....ask the local businnesses around Subig and Clark's bases after the hated yankees had left........By the way, I hear that the rich suplados high class Pinoys already do a good job exploiting their own fellow countrymen without any help from us foreigner pigs.
Ah..... if only we had all liberties and privilegies offered to all "aliens", pinoys and not, here in Europe....oh yeah I just remembered I have no rights.....I'm an ALIEN in the Phils......do not make me laugh!
One last thing.......McDonald recruiter? Sound foreigner.......NOOO, DO NOT TELL ME, YOU TOO...

 

Property Ownership-The sticky Question

Hi Rhoody,
Can I request one or two example? I don't get it!

 

Going back to the subject of land ownership, I've read from a website something which may be of interest.
I quote...

".....Philippine inheritance law is governed by the Civil Code of the Philippines, with the Rules of Court completing the procedural framework.

The general principle in the Philippines is that substantive issues of inheritance, such as the order of succession, amounts of successional rights, validity of testamentary dispositions, capacity to inherit, absence of a will, compulsory heirs, and reserved and free portions are primarily assessed according to the national laws (or, in certain cases, domiciliary laws) of deceased foreigners. The national or domiciliary laws of the deceased foreigner apply regardless of the nature or location of the property in question.

It is possible that the inheritance issues of some foreigners who own property in the Philippines might become subject to renvoi (i.e. the issues are referred back to the Philippines). Situations in which renvoi may be anticipated include:

* If the property in question is located in the Philippines, and the foreigner’s national law states that the applicable legislation for inheritance issues is the law of the country where the property is located (lex situs).
* If the foreigner’s national law states that the applicable legislation is that of the foreigner’s domicile, and the domicile of the foreigner, as defined by his/her national law, is the Philippines.
* If the foreigner’s national or domiciliary laws refer inheritance issues back to the Philippines, even though the Philippines is not the foreigner’s domicile or country of residence.

In the above cases, the Philippines legal system, as ruled by the Supreme Court, has no alternative but to accept the renvoi, and apply the Philippines Civil Code, thereby avoiding conflicts with the national or domiciliary laws of the deceased foreigner.

Philippine law stipulates a reserved portion for compulsory heirs

Certain parts of the estate of a deceased Filipino citizen cannot be freely disposed of because Philippines law reserves them for the “compulsory heirs”. The same reservation does not necessarily apply to foreigners who are governed by their national inheritance laws. However if the Philippines court accepts a renvoi, then the reserved portions, “reserves” or “legitimes” established in Philippine law become applicable to foreigners.

The “compulsory heirs” are classified as:

* Primary - legitimate children and/or descendants
* Secondary - legitimate parents and/or ascendants; illegitimate parents
* Concurring - surviving spouse; illegitimate children and/or descendants

“Primary compulsory heirs” are preferred over secondary heirs, who receive only in default of the primary. “Concurring compulsory heirs” generally succeed as compulsory heirs, together with primary or secondary heirs.

Depending on the surviving heirs called to the succession, the law reserves at least one half of the deceased’s hereditary estate for distribution to the heirs. The hereditary estate is the difference between the assets and the liabilities of the deceased. If a property is conjugally-owned by spouses, or co-owned by several parties, then only that portion of the property belonging to the deceased forms part of the hereditary estate.

In the absence of a will, Philippine law designates intestate heirs.

The order of hereditary or intestate succession, if the deceased was a legitimate child, is as follows:

1. Legitimate children or descendants;
2. Legitimate parents or ascendants;
3. Illegitimate children or descendants;
4. Surviving spouse;
5. Brothers and sisters, nephews and nieces;
6. Other collateral relatives within the fifth degree; and,
7. The State.

The order of hereditary or intestate succession, if the deceased was an illegitimate child, is as follows:

1. Legitimate children or descendants;
2. Illegitimate children or descendants;
3. Illegitimate parents (other ascendants are excluded);
4. Surviving spouse;
5. Brothers and sisters, nephews and nieces; and,
6. The State.

The surviving spouse and the illegitimate children or descendants of the deceased are considered as “concurring compulsory heirs” and they succeed, as a general rule, together with the primary or secondary heirs.

With regards to the Title of the real estate.....

Ownership of real estate in the Philippines is determined by the Torrens title.

One of the cardinal principles in the Philippines is the indefeasibility of the Torrens Title to determine the ownership of real property. The registered owner indicated on the Torrens Title, and the incidents annotated therein, generally defeat any other claim, or claimant, not so registered. The Torrens Title system is quite reliable and has been used effectively to defeat the claims of some unscrupulous Filipinos who attempt to acquire other people’s real estate in the Philippines by means of spurious or fake titles. A foreigner who purchases or inherits real property in the Philippines is therefore strongly advised to avoid such problems by procuring the services of a local lawyer to ensure that his/her name is registered as the legal owner on the Torrens Title.

It appears that, at least through inheritance, land ownership in possible to a foreigner citizen. If this was to be the case, lots of expats married to a filipino citizen would at least have a roof on their heads if the worst was to happen (that is if no children, illegal o not, parents......were to be involved).

 

It would be helpful if you cited your source please.

 

Turns out it didn't take much research to find the actual inheritance law being paraphrased.
In the Civil Code of the Philippines, Book 3, Section 5 it details compulsory inheritance. The quote above is essentially correct, however, what was left out was the portion of Section 6 detailing "Disinheritance" which can be effected by a legal will.

 

sorry that that make me real laugh... for each law in the philippines you find some paragraphs agains it. In a remote are the Barangay capitan is the law and if a foreigner thinks he did some internet research and read a book he will be very fast back to the ground (in the mildest case) the next step is 6 feet under...

Rhoody

 

Absolutely true Timn8ter.
I did not yet read it, thanks for bringing it to my attention.
It lists all causes of disinheritance for children, parents-ascendants and spouse.
Having no children and surviving parents, only the article 921 would apply in my case, and so long I do not give any reason to my better half to think otherwise or misbehave in any way, i should keep the roof over my head.
I attach the article referred above:

Art. 921. The following shall be sufficient causes for disinheriting a spouse:

(1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;

(2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false;

(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;

(4) When the spouse has given cause for legal separation;

(5) When the spouse has given grounds for the loss of parental authority;

(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, 674a)

Best regards. UJ

 

Very much possible Rhoody, that's why is important to respect the locals and not be too cockey but keep a good relationship with both, the authorities and surviving relatives, eventually handing over a little share to keep them happy and off their sundang.