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Best Posts in Thread: should i use a damme for land and 50 year lease?

  1. furriner

    furriner DI Forum Adept Restricted Account

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    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.


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  2. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Many have pointed out how you may be putting yourself in danger - no one has the right to harm you but culture and cheap hired guns makes that a possibility. You seem not to care - again you have the right not to care, it is your life you are writing about. Or is it? When a wife, children or family members may be in the firing line then we have to think more than twice. Bullets don't always hit their target and madmen don't care too much about how widely they define a 'target'.

    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).
     
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  3. furriner

    furriner DI Forum Adept Restricted Account

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    Of course we have thought of that and people tend to bring that up all the time. It is an obvious exposure in this country. If the guy was so inclined to do that, it would happen whether I am personally “having fun with this” or not so I don’t understand that part of what you are saying. Even the excellent security we have established cannot absolutely guarantee full protection; at the same time, we cannot and will not allow fear to rule our lives and we refuse to do that in our older years. People who would allow fear and intimidation to rule their lives should not live in this country.


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  4. Rye83

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

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    BTW: Here is the link to the actual case: https://lawphil.net/judjuris/juri2007/apr2007/gr_150066_2007.html
    Good read...and wow! That's a tricky case but the SC, as mentioned in your post, clearly states:
    They decided that they were. And I would agree with that. They go on to say:
    The sale was clearly based on fraud...fraud committed by their own family member. These insane and complicated conflicts are exactly why courts exist and I find it interesting to see how they implement the law in these situations.
     
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  5. furriner

    furriner DI Forum Adept Restricted Account

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    Rye, here is the case:

    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.”


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  6. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    From personal experience I can say that:
    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)
     
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  7. IggyPop

    IggyPop DI Member Showcase Reviewer

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    Maybe those Asian countries are afraid the West will buy it all.
     
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  8. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I know from a previous posting that not everyone agrees with the idea of reciprocity but I think it may be the only way for governments to treat their 'aliens' in the same way their own citizens are treated abroad as 'immigrants' and, often, later as citizens.
     
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  9. Glendazumba

    Glendazumba DI Forum Adept

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    I totally agree with the gentlemen's advice above. I find it too risky to be throwing your money just like that and since it is under her name, we just don't know about her family, you know, greed and treachery could happen. Just be cautious. But I think it is too late for this advice since you have already bought the land, so maybe you should not spend so much in building a house ---- a simple house would be fine as anyway you only go there twice a year.
     
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