|Office Address :
||817 Antonio Maceda St
2. Know your reasons for buying. Is it for your family? For business or for
3. Determine the location. Do you want it to be in the city or countryside? Do you prefer
you want a refreshing sea or mountain side?
4. Set your budget. Know the current prices on the market for the kind of property you
intend to buy. Developers and property owners increase prices periodically usually
every quarter of the year. And they do it without prior notice to the public. It is safe to
buy once you have found the property of your choice, otherwise it is best to provide
for an additional cost in case you need to wait for some time before actually negotiating
for the purchase.
5. Find the available property on sale from Website or Classified Ads. Continue to
update yourself of the available properties on sale. Note down those that interest you
and make sure you keep record of the price, location and contact person.
Why Do You Need A Realtor?
Contact the Realtor on the property. A Realtor is advantageous to the buyer. She can
do the following :
A. Expedites the entire buying process. The buyer is relieved from the hazzels and
stress of negotiations to furnish legal documents and other requirements;
B. Sets appointment for free tripping and site visit;
C. Negotiates for a lower price in behalf of the buyer;
D. Provides a wide range of alternative properties and gives recommendation for a
E. Checks the computations and requirements. Assist in payments and signing of the
F. Confirms the authenticity of the “Transfer Certificate of Title” from the Register of
G. Makes sure that the “Title” is clean. It is not mortgaged, no liens and encumbrances;
H. Confirms that the land described on the “Title” is really the property on sale;
I. Guarantees the authority to sell of the realtor or the identity of the seller if the
property on sale belongs to an individual owner;
J. Collects copy of Tax Declaration and Tax Receipts to confirm real estate up to date
K. Check the computations and requirements. Assist in payments and signing of the
Buying a Property in the Philippines from an Individual
Posted by resident
Before closing that sweet deal with an unknown property seller in the Philippines , save
yourself from wasted time and money by running a checklist:
Make sure that the “Transfer Certificate of Title” is authentic.
The easiest way to check if the title to the property you are buying is authentic is by
getting “Certified True Copy” of the title from the Register of Deeds. This office is
usually located at the city or municipal hall where the property is located. Ask the seller
of the property for a photocopy of the title -you will need the title number and the name
of the owner to get a certified true copy of the title from the Register of Deeds.
Verify that title is clean and not mortgaged
You can check at the back of the title with the heading “Encumbrances”. This page must
be empty if you are told that the title is “clean”. But sometimes the space for the
technical description of the property on the front page of the title is not enough and the
description of the property is continued on the “Encumbrances” page, this is of course
Make sure that the land described on the title is really the land that you are buying
You can validate this at the Register of Deeds or by hiring a private land surveyor or a
Land titles don’t have any street name and number to pin point a property, it is a must
to confirm that the actual property you are buying matches the technical description on
the Transfer Certificate of Title.
Make sure that the sellers are the real owners.
If you are buying from an individual property owner, ask for identification papers like
passport or driver’s license, it is also a good idea to talk to the neighbors to confirm the
identity of the sellers (you might as well ask some history of the property).
Confirm that the yearly real estate taxes are paid.
Ask for a copy of the Tax Declaration and Tax Receipts to confirm that real estate tax
payments are up to date.
If the above check list is in order, you may proceed with the purchase.
Property ownership in the Philippines
As a general rule, only Filipino citizens and corporations or partnerships with least 60%
of the shares are owned by Filipinos are entitled to acquire land in the Philippines.
Aliens can acquire land in the Philippines only on a few exceptions:
• Acquisition before the 1935 Constitution;
• Acquisition thru hereditary succession if the alien acquires is a legal heir.
• Purchase of not more than forty percent interest in a condominium project.
• Purchase by former natural-born Filipino citizens subject to the limitations
prescribed by law (Batas
Pambansa 185 and R.A. 8179).
Modes of Acquiring Land:
• Private Grant - voluntary transfer or conveyance of private property by a private
owner, such as sale or donation.
• Public Grant – acquisition of alienable lands of the public domain by homestead
patent, free patent, sales patent, or other government awards.
• Involuntary Grant – acquisition of private party against the consent of the former
owner, such as foreclosure sale, execution sale, or tax sale
• Inheritance – acquisition of private property through hereditary succession.
• Reclamation – filling of submerged land, subject to existing laws and government
• Accretion – acquisition of more lands adjoining the banks of rivers due to the
gradual deposit of soil as a result of the river current.
• Prescription – acquisition of title by actual, open, continuous, and uninterrupted
possession in the concept of owner for the period required by law.
A foreign national and or corporation may enter into a lease agreement with Filipino
landowners for an initial period of up to 50 years, and renewable for another 25 years.
Or lease the property in your Philippine Corporation name for an unlimited period of
Acquisition is the act of procuring or getting a hold of real estate property. Disposition is
the manner of alienation, transfer of possession and ownership thereof as prescribed
by the Philippine law. The acquisition and disposition of real estate is embodied in
written agreements or contracts voluntarily entered into and subscribed by the selling
and buying parties thereof, before a public officer designated as the Notary Public of
the City or Province where the subject property is located. Thereafter, the instrument
embodying the particular real estate transaction is required by law to be recorded in the
Registry of Deeds in the City or Province where the real estate property is involved and
located. The Philippines uses the "Torrens" system of real estate ownership.
The Bundle of Rights Theory
The bundle of rights theory inherent to property ownership are the right to use (Jus-
Utendi), the right to enjoy the fruits of (Jus-Fruendi), the right to dispose (Jus-
Disponendi), the right to abuse (Jus-Abutendi), the right to recover (Jus-Vindicandi),
and the right to possess (Jus-Possidendi). The rights incident to ownership are, the
• to enjoy and dispose of a property without other limitations than those established
• to file action against third parties to recover ownership;
• to use force as may be reasonably necessary to repeal or prevent an actual or
invasion or usurpation of his property (Art. 429, NCC, relate to Art. 312, RPC);
• the right to enclose or fence property - walls ditches, live or dead hedges - or by
any other means
without detriment of servitudes constituted thereon;
• to demand indemnity for damages caused to property;
• the right to compensation in the event of expropriation;
• the right to be restored to possession in case of unlawful dispossession;
• the right to the surface and subsurface of the land, right to construct thereon any
and excavation without detriment to servitude and subject to special laws and without
complain of the reasonable requirements of aerial navigation;
• the right to hidden treasure;
• the right to accession and fruits of the property;
• the right to "quiet title" to real property or any interest therein.
Limitations on right of property ownership
• CONSTITUTIONAL - such as police power, eminent domain or expropriation of
private property for public use, taxation and escheat when revision of private property
to state ownership in case of death of property owner without an heir;
• LEGAL - zoning ordinances, regulations on subdivision projects, building code,
and other special laws and regulations; and
• CONSENSUAL/VOLUNTARY - easements and servitudes, usufructs, lease
agreements, restrictions in subdivision and condominium deeds or restriction.
The Regalian Doctrine of property ownership
A principle in law which means that all natural wealth - agricultural, forest or timber, and
mineral lands of the public domain and all other natural resources belong to the state.
Thus, even if the private person owns the property where minerals are discovered, his
ownership for such does not give him the right to extract or utilize said minerals without
permission from the state to which such minerals belong.
The Steward Concept of property ownership
The Steward Concept is a legal doctrine which holds that property ownership
presupposes concomitant obligations to the state and the community and that property
is supposed to be held by the individual only as trustee for people in general; and that
as mere steward, the property owner must exercise his rights to the property not just for
his own exclusive and selfish benefit or interest but for the good and general welfare of
the nation as a whole.
The National Housing Authority
Presidential Decree No. 957, which regulates the sale of subdivision and condominium
developments, and providing penalties for violations thereof. The National Housing
Authority has exclusive jurisdiction to regulate real estate trade and business, a
function, which is presently exercised by the Housing and Land Use Regulatory Board
(HLURB). Certain conditions are required before a license to sell condominium
development units and or subdivision development lots and homes is issued to a
Filipino or Foreign owned individual or corporation. The requirements include a
certificate of registration, a performance bond, and an approval of the building plans
and specifications. Violation of these rules could mean fines, cancellation of license and
Buying a residence can be a hair raising experience. You will experience a roller
coaster of emotions while finding the right place, securing the loan and finally moving in.
For most of us, the first time home purchase is the largest investment we’ve ever
considered. The emotions of purchasing something so expensive and personal can
often cloud our business judgment.
Most home purchasers do little or no research before they invest their nest egg. Doesn’
t it make sense to become as completely informed as possible before you buy your first
home? These "Buying Tips" are designed to help you avoid common and crucial
Inspect , Inspect and inspect
Go over the inspection report with a fine tooth comb. Make sure the report was done by
a professional organization. For condo purchases go over the By-Laws and Association
Fees. Don’t take anything for granted... inspect everything!
Imagine the Property vacant
Your furnishings and decorations will be the ones filling this new residence. Don’t be
swayed by beautiful furniture; it leaves with the owner.
Income+Lifestyle = Mortgage payment
Sit down with your professional real estate agent and honestly discuss your income
level and living expenses. Take into account future considerations, children, add-ons,
amenities, and fix-ups. Your dream home is certainly worth a sacrifice but don’t
mortgage your entire future.
View Several Homes
See at least 7-10 properties. Don’t move too slow but don’t move on the first property
you see. With your agent’s help you should be able to view enough properties to get a
good overall perspective of the home market. When you find the right property all the
leg work will be worth it.
Utilize Your Team
By aligning yourself with the right real estate professional you will have an entire team
at your disposal. Utilize your lender, title rep and agent. Each of them should work hand
in hand for your benefit. Explore all the options before you sign.
Check out all costs and expenses before you sign. Utilities, taxes, insurance,
maintenance and home owner dues if applicable. Make sure all utilities (gas, electricity,
and water) are on during your walk-through so you can inspect everything in working
order. Ask lots of questions and be very detail conscious.
Do a Final Walk-through
Visit the property after all furnishings have been moved out to be sure there are no
surprises. Be absolutely positive the property was left exactly as you had agreed upon
in the contract. Things that could have been spotted in a final walk-through are often
Plan for Flexibility
Closing dates are not written in stone. Allow for contingencies and have a back-up plan.
If you or the sellers need a little more time to conclude the final arrangements, don’t let
these delays upset or frustrate you. These types of circumstances are not uncommon in
a real estate transaction.
If it's not in writing, It doesn't exist
All promises and discussions should be in writing. Don’t make any assumptions or
believe any assurances. Even the best intentions can be misinterpreted. Have your
professional keep an ongoing log in writing of all discussions and get the seller’s written
approval on all agreements.
Before house hunting, make a list of things you want in the new place. Then make a list
of the things you don't want. You can use this list as a guide to rate each property that
you see. The one with the biggest score wins! This helps avoid confusion and keeps
things in perspective when you're comparing dozens of homes.
Style and Substance
When house hunting, keep in mind the difference between ''STYLE AND SUBSTANCE''.
The SUBSTANCE are things that cannot be changed such as the location, view, size of
lot, noise in the area, school district, and floor plan. The STYLE represents easily
changed surface finishes like carpet, wallpaper, color, and window coverings. Buy the
house with good SUBSTANCE, because the STYLE can always be changed to match
your tastes. I always recommend that you imagine each house as if it were vacant.
Ads are sometimes created to make the phone ring! Many of the homes have some
drawback that's not mentioned in the ad, such as traffic noise, power lines, or litigation
in the community. What's not mentioned in the ad is usually more important than what is.
Be very careful when reading ads. Remember that the person writing the ad is
representing the seller and not you! The most important thing you can do is have
someone on your side looking out for your best interests. Pick an agent you feel
comfortable with and enlist the services of that agent as a buyer's broker.