Yes, that’s the way it works. If you come here alone with no family support and don’t understand the culture, that is one thing. Here you should always consider balance of family and community power, people who will naturally look out for you as you look out for them, knowing that “most” people who would want to have a person killed do not want to kick the bucket themselves. So you have nephews and brother in laws and people in the community. If you get involved in drugs or deal with drug addicts or love triangles etc.. your balance of power is lacking. The Philippines is actually quite civilized with its social checks and balances. But yes, be careful whether you live in downtown Miami or Dumaguete Phils.
Sent from my iPhone using Tapatalk
Best Posts in Thread: should i use a damme for land and 50 year lease?
Page 2 of 2
-
Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer
When I had a dispute with a totally insane landlord (more empowered by his perceived situation as being in a country where citizens with connections can do as they please), my reaction was to fight back - like most people, put me in a corner and I don't give in. BUT, when I saw that my wife was under stress and feared the consequences (primarily for me as a foreigner) then I backed off and just moved out pronto. I found a better life elsewhere and had removed stress (and possible danger) from the one I love.
It is up to you how you proceed, but look around you first at what you have (and I don't mean material things).-
Agree x 2
-
-
Sent from my iPhone using Tapatalk-
Like x 2
-
-
Good read...and wow! That's a tricky case but the SC, as mentioned in your post, clearly states:
-
Like x 2
-
-
Quote: “An interesting case decided by the Supreme Court was that of Spouses Chua vs. Soriano, GR 150066 promulgated on April 13, 2007, about the use of falsified Special Power of Attorney (SPA), how it affects an innocent buyer, in good faith and for value. In that case, the registered owner of a titled property entrusted another person for safe-keeping of the title. The trusted person executed a Special Power of Attorney and forged the signature of the owner, making it appear that he was authorized to sell the property. A third person then purchased the property.
The Supreme Court ruled that the buyer was in good faith. Although the signature in the SPA was subsequently declared by the trial court to have been falsified, it would not revoke the title subsequently issued in favor of the third-party buyer. The reliance by the buyer on the duly notarized SPA presented is sufficient evidence of good faith. Buyer need not prove anything more for it is already the function of the notarial acknowledgment to establish the appearance of the parties to the document, its due execution and authenticity.
This case was a shock to many foreign-based landowners, a reality check on whether they should leave the original owner’s copy to someone, or to think about issuing power of attorney to anyone. Also, a frequent problem is the issue of selling a property in installment, where the buyer who does not pay in full and obtains an SPA creates a problem on the title of the owner.”
Sent from my iPhone using Tapatalk-
Informative x 2
-
-
You can buy land, in the name of a Filipina (usually your so)
You can lease that land from her for 25 yrs + 25 yrs by mutual consent
She should sign lease, SPA, Affidavit of Undertaking
You can own a building on that land
You can sell the land + building to another Filipino under the SPA.
That sale will be upheld by the Court Of Appeal as the end result complies with the constitution. This is a consistent ruling by the Supreme Court. (I have posted this before with reference to existing cases)-
Like x 1
-
Thanks x 1
-
-
-
Like x 1
-
Agree x 1
-
-
Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer
-
Like x 2
-
-
Glendazumba DI Forum Adept
- Messages:
- 482
- Trophy Points:
- 106
- Occupation:
- teaching
- Location:
- Dumaguete City
- Ratings:
- +729 / 36
- Blood Type:
- AB+
-
Like x 2
Page 2 of 2