Frequently Asked Questions
1. What is the Condominium Act RA4726?
The Condominium Act of the Philippines, R.A. 4726, expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40% of the total and outstanding capital stock of a Filipino owned or controlled condominium corporation.
2. What are the disadvantages of a Tax Declared vs. Titled property?
Tax Declarations are proof of possession, but they are not deemed as desirable or 100% secure as a Titled property. That's because there exists the possibility of disputes of property boundaries and ownership with tax declarations, especially if the property is not held by a single owner, but by the "Heirs". Because of this we extensively research our Tax Declared properties to ensure they are free of problems. It would be counter-productive for us to sell properties that later have troubles when the sale is taking place.
In general it is easier to commercially develop Titled properties than Tax Declared, but there is very little difference involved and not having title is no prohibition on development. It is simply that a bit more process must be completed to commercially develop a Tax Declared property. However, in the instance of the property being used to locate a residence there is virtually no difference between the two.
3. What sort of land titles are used in the Philippines?
There are different kinds of evidences of title for lands in the Philippines. Titles under the Torrens System are absolute proof of ownership. Tax Declarations are proof of lawful possession and affords possessory rights under the law.
- Certificate of Stewardship CSA (Certificate of Stewardship Agreement) - A document issued by the government to qualified individual occupants pursuant to Stewardship Agreement (SA). A Stewardship Agreement is a 50-year contract entered into by and between an individual forest occupant or forest community association, or cooperative and the government allowing the former the right to peaceful occupation, possession, and sustainable management over the designated area. This is awarded by the State to individuals possessing properties that are in State Reservations. This certificate is transferable and it can even be used as loan instrument or collateral.
- Tax Declared - "Tax Declared" Properties are owned by the State but you have the right to possess, use, develop and dispose of it. With proper Leasehold Agreement and/or Land Use Agreement with the Government you can pursue construction and development of this kind of properties. A Tax Declaration is granted by the Philippines Government in lieu of freehold land. This is similar to all lands sold in strategic waterfront properties in Sydney and Melbourne (Australia), also much of the land sold in England, particularly London. They cannot be rescinded by the Government except in (very rare) cases of National Interest. Tax Declarations cannot be used as loan instruments or collateral. While Tax Declarations do not provide the absolute security of indefeasible title provided by a Torrens Title, it is however, the next best thing. Tax Declarations are universally recognized in Philippine jurisprudence as evidence of possession.
- Titled - The present land titling system of the Philippines was instituted just after the Americans colonized the Philippines in 1898. Act 496, or the "Land Registration Law of 1903" placed all public and private lands in the Philippines under the Torrens System. The law is almost a verbatim copy of the Massachusetts Land Registration Act of 1898, which, in turn, followed the principles and procedure of the Torrens System of registration formulated by Sir Robert Torrens who patterned it after the Merchant Shipping Acts in South Australia.
The Torrens System requires that the government issues an official certificate of title attesting to the fact that the person named is the owner of the property described therein, subject to such liens and encumbrances as thereon noted or the law warrants or reserves. The certificate of title is indefeasible and imprescriptible and all claims to the parcel of land are quieted upon issuance of said certificate.
4. If I buy a Tax Declared property can I get it Titled to make me feel safer?
Yes. With the recent lifting of the moratorium on the disposition and granting of any title, concession, permit or lease on all small islands nationwide by virtue of Administrative Order No. 2003-06 of the Department of Environment and Natural Resources, certain islands that are tax declared can now be titled for as long as they are classified as alienable and disposable. However, certain types of land may never be titled.
5. Can I form my own Land Holding Corporation?
Yes, provided that the foreigner shall own a maximum of 40% and give away the other 60% to Filipino incorporators.
6. Is it safe to buy land in the Philippines?
The Central Registration of documents ensures that you can buy with complete confidence. We can provide certified copies of documents evidencing title to and/or rightful possession over properties. If you want a certified copy of the title, we charge a small fee.
7. Can Foreigners own real estate in the Philippines?
Generally, only Filipinos are allowed by Philippine law to acquire by purchase, transfer or assignment any land in the Philippines. However, foreigners may be able to acquire real estate property in the Philippines by any of the following means:
- Lease the Property - You can lease public and private land for 25 years with an automatic renewal for 25 years, (just enough time for return on investment). This is also a cheap alternative, but it makes it difficult to make any sort of investment return on a property. However, it is ideal for those thinking of retiring here. Unlike many countries such as Thailand or Indonesia, a lease on property for a foreigner is a very easy and straightforward step to take in the Philippines. This is the easiest, least time-consuming, and safest way for a foreigner to purchase small areas of land within the Philippines. It can be done directly with the owner.
- Through a Filipino Trustee or wife - Have a Filipino (you can trust) where you can put the title or ownership of property in his/her name. This is the most common way for small-scale investors to buy property here.
- Purchase land as a Balikbayan - The Government of the Philippines has recently passed the Dual Citizenship Act which gives all former Filipinos the right to purchase land within the Philippines.
- Buy a Condominium Unit - You can own 100% of the unit but not more than 40% of the entire condominium project.
- Form a Corporation - You can form a corporation with Filipino partners with the sharing of 40% foreign, 60% Filipino capital. This is the most iron-clad form of property ownership for foreign investors, and definitely the preferred form of property ownership for those thinking of establishing a resort, or tourism facility. In fact, the majority of existing resorts and businesses owned by foreigners are using this form of ownership.
- Inherit the land upon the death of your spouse - This simply means, when your Filipina wife dies, you as the compulsory heir, together with your children if you have any, will become the legal owners of the property.
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