Dumaguete Info Search


Selling inherited property

Discussion in 'Banking - Investing - Finances' started by Toto, Apr 13, 2019.

  1. SkipJack

    SkipJack DI Member

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    I don't know.
    Yes, a foreigner may own property in the Philippines. The law speaks to the acquisition of property, not the ownership of it. "Save in cases of hereditary succession, no private lands shall be transferred or conveyed .."
     
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  2. Rye83

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

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    FAKE NEWS! No, they can't (minus the few exceptions outlined in the constitution). The law is not the only thing you have to read. Case law is just as important as it offers clarification on the law. The Supreme Court has made it EXTREMELY clear that foreigners cannot own land. I've posted mountains of sources proving this on this forum. I'm not going to do it again. Think whatever you want, I don't give a sh*t what you believe or if you want to throw your money away.
     
  3. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    You don't need to own it as long as you can find some sucker to buy it.
     
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  4. SkipJack

    SkipJack DI Member

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    Maybe you are overreacting a bit. Similar to what I did about a week ago.

    I was pointing out the semantics of the law. It addresses the acquiring of the land via transfer or conveyance not the ownership of the land. An example is if the foreigner purchased the land under the 1935 constitution which was in effect until 1973 and maybe a bit longer if martial law under Marcos is included. The foreigner is allowed to continue owning the land. The land may not be sold to another foreigner.

    https://kittelsoncarpo.com/property-ownership/

    On another note, the above attorney reference states something about the foreign spouse having time to sell the property after the death of the Filipino spouse. "In the event of the death of the Filipino spouse, the foreign spouse is allowed a reasonable amount of time to dispose of the property and collect the proceeds or the property will pass to any Filipino heirs and/or relatives." Give these people a call and see what they say.
     
  5. Rye83

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

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    Perhaps, but I have discussed the exceptions to the law ad nauseam on this forum. I am well aware them. Someone acquiring land prior to 1935 is almost completely irrelevant to anyone alive today. It does not matter or apply to 99.9999% of foreigners in the Philippines and so it is not worth being discussed.

    Almost the same for hereditary acquisition; the chances of a foreigners wife dying before they do (especially considering the age difference in most foreigner-Filipino marriages) is small, but not zero. At least this one has some merit and is worth being discussed. Almost all other exceptions to the law are useless to a foreigner (that was not originally born a Filipino citizen or has since become a Filipino citizen). Any attempt to circumvent the law using these exceptions/loopholes to own (or acquire, semantics) land in the Philippines has been addressed by the Supreme Court. The SC has regularly held up the "spirit of the law" every time people try to use the letter of the law. So the semantics is completely irrelevant, you cannot own land since you cannot acquire land, minus the few legal exceptions written into the law, which I have thoroughly addressed in previous posts.
     
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  6. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    Great info for the forum, but there's only so far that you can argue this until the answer becomes "get a lawyer."

    All we can do is generate enough info to answer the question of "should I even bother." Even then, you should get a lawyer if you are dealing some something of substantial value.
     
  7. okiebound

    okiebound DI Forum Adept Showcase Reviewer ✤Forum Sponsor✤

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    Even though our house and land officially had me listed as a "Filipina" (LOL) and I was legally on the deeds, etc...I would have inherited it after the death of my husband in 2014. I was able to sell the house and land without any difficulties after I returned to the U.S. I had given power of attorney authority to a Filipina friend there in Dumaguete and used attorney, Michael Miguel, to make sure everything went well. You can contact him if you find yourself needing a real estate attorney.
     
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  8. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    The Supreme Court has ruled that if a foreigner sells land to a Filipino, any past irregularities are cancelled out, because the spirit of the Constitution has now been observed.
     
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  9. Rye83

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

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    Source?
     
    Last edited: Apr 16, 2019
  10. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    The two cases below were the basis of an appeal which we won in 2018.
    Not quoted here because the parties are still living in the area
     

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