Dear Declan and Martin,
I hope you will allow me the liberty of answering some of your questions. I am a litigation lawyer practicing in Cebu City (specializing in civil and corporate law, lands included). I am also Raymond's friend. I am therefore writing in both capacities, hoping that my answer will help Raymond in his business. :)
Foreigners cannot own land in the Philippines, but they can own houses and buildings. They can therefore own condominium units, provided the common areas of the condominium are owned by a condominium corporation where 60% of the shares are owned by Filipinos.
On Declan's statement that:
"
If my wife is Filipina by 60% and place it in my spouses
name (or family member), and I could set up a partnership with a family
member and own up to 40% of the property myself"This is not quite accurate. A foreigner cannot own land, and it means he cannot own
any part of the land, not even if it is less than 40%. What is actually done is that the foreigner creates a corporation and registers it with our Securities and Exchange Commission. The foreigner will own 40% of the interests in the corporation. The 60% will be owned by his wife or another Filipino. The land can then be registered in the name of the corporation. Trust documents will have to be executed here in order to protect the foreigner, unless of course the foreigner does not feel the need.
But this is not the only option. If the foreigner does not wish to create a corporation, he can place the land in the name of his wife or girlfriend, or a Filipino he trusts, and then have the Filipino execute trust documents. I
hold two properties in trust for two foreigners. Both are covered by trust documents. One of these foreigners was once married to a Filipina. After their divorce, he got the land and house back but did not have anyone else to name the property in. That is how he came to ask me to hold the land in his behalf in the meantime (until her remarries another Filipina or sells the property). The property is now being rented (rent is paid to him directly). He pays me a minimal amount for the service.
It is true, foreigners cannot inherit land ~ unless the foreigner is a former Filipino. Yes, you can apply for naturalization, but if I am not mistaken, you need to be a resident of the Philippines for at least 10 years before you can apply. I am not sure about the period tho, as naturalization laws are not my specialization. If you are interested, I can
refer you to a good lawyer who can help you with naturalization.
Of course, if it is a condominium you are looking at acquiring, this discussion will not be of much relevance. At any rate, I hope to have helped in one way or another.
Best regards,
May
MAY S. AGUILAR
Unit 309 3/F Keppel Center
Samar Loop corner Cardinal Rosales Avenue
Cebu Business Park
6000 Cebu City, Philippines
Mobile No. 0917 3287082
Telefax No. 063 32 2311089
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From: "martin...@cpksa.com" <martin...@cpksa.com>
To: cebu...@googlegroups.com
Cc: cebu...@googlegroups.com; May Aguilar <cebu_...@yahoo.com>
Sent: Wednesday, August 11, 2010 5:10:09 PM
Subject: Re: [cebuhome] Your Home by the sea in the Resort - Mazari Cove, Naga City, Cebu
Hi Declan
I too am English and building
a house in Tacloban (60% finished) We bought the land and designed our
own home......building cost with complete interiors (tiles cupboards etc)
are 4.2m for 265sq mt house.
The easiest way for you is to
take out Philippines citizenship and then you can own your own property.
The Phillipines government has a reciprocal agreement with the UK government
and your pension and other benefits are protected. I'm not sure if you
would qualify for pension increases, but you can check on that. This is
a far better way because if something were to happen to your wife you have
a limited period in which to sell up the property as you cannot inherit
land as a foreigner.
regards
Martin
Gents,
I am an Englishman registered with Cebuhomegroups.
I have looked at the Model houses in Mazari Cove, are there
any detached models under 4M pesos?
I have a filipino friend Alfred who works in the Government officein Naga,
When I was there 2 years ago I told him I was looking to buy a property,
but he didnot mention Mazari, is this a new project.
Regarding ownership of house and lot in Philippines, it would be appreciated
by foreigners like me if it was made clearer that we could own the property
outright, indeed this would prove to be a good selling point.
As I understand it and Raymond will obviously correct me if I'm wrong.
I as an Englishman (foreigner - although Balik Bayan), cannot own a house
and lot, but I can own a Condo Unit.
I could however, If my wife is Filipina by 60% and place it in my spouses
name (or family member), and I could set up a partnership with a family
member and own up to 40% of the property myself.
Is this true or have I been drinking to much Red Horse LOL.
My dream is to retire in Cebu and carry out some charity work with orphaned
kids or something,but while the pesos is 70 to the £ (it was 100 pesos
2 years ago) I will wait.
Maybe I can ask you information regarding settlement visa etc nearer the
time.
Salamat,
Declan
From: Raymond Ong <8ray...@gmail.com>
To: cebu...@googlegroups.com
Sent: Tue, 10 August, 2010 13:35:35
Subject: Re: [cebuhome] Your Home by the sea in the Resort - Mazari
Cove, Naga City, Cebu
Dear Atty. May
Thank you for your prompt reply and certainly will drop by your office
whenever able. See you soon.
Best regards
Raymond Ong
Global Investment Director (Certified On Line)
Land Asia Global Properties Network,
Chief - Land Asia Institute Philippines,
Land Asia Realty & Development Corp.,
Real Estate License #2008-S-4-1122 (N)
HLURB Control # VII-00101-2008
Broker: Marissa S. Inting REB LIC#2007-1122(R)
Unit 4, G/F., Geson Bldg.
D. Jakosalem St., Cebu City 6000,
Cebu, Philippines
24/7 Hotline No.+6332-5158989
24/7 Mobile No.+63920-2666080
Tel. No.+6332-254049
Fax No.+6332-2546073
Talisay Info Center:
Tel./Fax No.+6332-5115882
Email: ray...@cebuhome.net
raymo...@landasia.com.ph
8ray...@gmail.com
raymo...@yahoo.com
raymon...@hotmail.com
Skype: raymond-8888
Website: http://www.cebuhome.net
Want to know more about me?
Please check here http://www.cebuhome.net/raymond_ong/raymond_ong.html
For your own protection, please always consult accredited real estate Salesperson
or broker only for your real estate needs.
On 8/10/2010 8:28 PM, May Aguilar wrote:
Aha! That's what I get for not reading
the flyer. LOL! Thanks for the clarification. Yes, I
do look forward to seeing you again. If you have time, drop by the
office. The address is written below.
Best personal regards, as always.
May
MAY S. AGUILAR
Unit 309 3/F Keppel Center
Samar Loop corner Cardinal Rosales Avenue
Cebu Business Park
6000 Cebu City, Philippines
Mobile No. 0917 3287082
Telefax No. 063 32 2311089
http://philippineslawyer.wetpaint.com/
****************************************************************
This e-mail (including any file attachment) contains confidential information
and/or may
also be legally privileged. It is intended solely for the use of
the named addressees and any
unauthorized dissemination or use by or to any other person or entity is
strictly prohibited. If
you are not the intended recipient of this email, you should not transmit,
copy, print, disclose
or otherwise make use of and/or place any reliance on this e-mail and its
contents. If you
have received this e-mail in error, you should immediately notify the sender
by return e-mail
and delete all copies from your system.
Thank you very much.
****************************************************************
From: Raymond Ong <8ray...@gmail.com>
To: cebu...@googlegroups.com
Sent: Tuesday, August 10, 2010 8:16:34 PM
Subject: Re: [cebuhome] Your Home by the sea in the Resort - Mazari
Cove, Naga City, Cebu
Dear Atty. May
Thank you for your advice. It is true that foreigners cannot own lands
in their names, however since the Tiyara Casita House model is under Condominium
Certificate of Title (CCT), therefore, foreigners can own it.
I am looking forward to meet you again in the near future. Keep in touch.
Best regards
Raymond Ong
Global Investment Director (Certified On Line)
Land Asia Global Properties Network,
Chief - Land Asia Institute Philippines,
Land Asia Realty & Development Corp.,
Real Estate License #2008-S-4-1122 (N)
HLURB Control # VII-00101-2008
Broker: Marissa S. Inting REB LIC#2007-1122(R)
Unit 4, G/F., Geson Bldg.
D. Jakosalem St., Cebu City 6000,
Cebu, Philippines
24/7 Hotline No.+6332-5158989
24/7 Mobile No.+63920-2666080
Tel. No.+6332-254049
Fax No.+6332-2546073
Talisay Info Center:
Tel./Fax No.+6332-5115882
Email: ray...@cebuhome.net
raymo...@landasia.com.ph
8ray...@gmail.com
raymo...@yahoo.com
raymon...@hotmail.com
Skype: raymond-8888
Website: http://www.cebuhome.net
Want to know more about me?
Please check here http://www.cebuhome.net/raymond_ong/raymond_ong.html
For your own protection, please always consult accredited real estate Salesperson
or broker only for your real estate needs.
On 8/10/2010 3:08 PM, May Aguilar wrote:
Hi Ray,
Kindly inform Mr. Bernardo that foreigners cannot own lands in their names
(something which I am sure you already know). He will need a lawyer
to explain to him different legal options available for him.
Regards.
May
MAY S. AGUILAR
Unit 309 3/F Keppel Center
Samar Loop corner Cardinal Rosales Avenue
Cebu Business Park
6000 Cebu City, Philippines
Mobile No. 0917 3287082
Telefax No. 063 32 2311089
http://philippineslawyer.wetpaint.com/
****************************************************************
This e-mail (including any file attachment) contains confidential information
and/or may
also be legally privileged. It is intended solely for the use of
the named addressees and any
unauthorized dissemination or use by or to any other person or entity is
strictly prohibited. If
you are not the intended recipient of this email, you should not transmit,
copy, print, disclose
or otherwise make use of and/or place any reliance on this e-mail and its
contents. If you
have received this e-mail in error, you should immediately notify the sender
by return e-mail
and delete all copies from your system.
Thank you very much.
****************************************************************
From: bernardo lameiras <berna...@hotmail.com>
To: cebu...@googlegroups.com
Sent: Monday, August 9, 2010 5:36:12 PM
Subject: RE: [cebuhome] Your Home by the sea in the Resort - Mazari
Cove, Naga City, Cebu
"DEAR MANAGER
I AM A FOREIGNER, PLS TELL ME IF CAN BUY TIYARA CASITA HOUSE?( NAGA CITY)
OR FIRST I HAVE TO APLLY FOR SPECIAL RESIDENT RETIREE'S AT PHILIPPINES
RETIREMENT AUTHORITY. PLS TELL ME HOW MUCH IT WILL COST AND WHEN IS READY?
OR SEND ME MORE INFORMATION ABOUT THE TIYARA CASITA.
BEST REGARDS
MR. BERNARDO from Macau.
> Date: Mon, 9 Aug 2010 10:02:13 +0800
> From: 8ray...@gmail.com
> To: cebu...@googlegroups.com
> Subject: [cebuhome] Your Home by the sea in the Resort - Mazari Cove,
Naga City, Cebu
>
> Dear Member
>
> Please check this link http://www.cebuhome.net/mazaricove.pdf
or visit
> my website at http://www.cebuhome.net/mazaricove/mazaricove.html
for
> more information. It is a home by the sea in the resort. You will
enjoy
> resort wellness living everyday. For more assistance, please do not
> hesitate to contact me.
>
> Take your time and thank you for your kind attention.
>
> Best regards
>
> Raymond Ong
> Global Investment Director (Certified On Line)
> Land Asia Global Properties Network,
> Chief - Land Asia Institute Philippines,
> Land Asia Realty& Development Corp.,
> Real Estate License #2008-S-4-1122 (N)
> HLURB Control # VII-00101-2008
> Broker: Marissa S. Inting REB LIC#2007-1122(R)
> Unit 4, G/F., Geson Bldg.
> D. Jakosalem St., Cebu City 6000,
> Cebu, Philippines
> 24/7 Hotline No.+6332-5158989
> 24/7 Mobile No.+63920-2666080
> Tel. No.+6332-254049
> Fax No.+6332-2546073
> Talisay Info Center:
> Tel./Fax No.+6332-5115882
> Email: ray...@cebuhome.net
> raymo...@landasia.com.ph
> 8ray...@gmail.com
> raymo...@yahoo.com
> raymon...@hotmail.com
> Skype: raymond-8888
> Website: http://www.cebuhome.net
>
> Want to know more about me?
> Please check here http://www.cebuhome.net/raymond_ong/raymond_ong.html
>
> For your own protection, please always consult accredited real estate
Salesperson or broker only for your real estate needs.
>
>
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