Legal Lease: The Things You Need To Know In Leasing Real Property
In our last article, we shared the steps on how to become a homeowner. While owning a property is a lifelong dream for most of us, the steep cost of living makes it more difficult for others to save money for their own houses or business spaces. There is also a growing number of digital nomads, who prefer transient arrangements compatible to the ever-changing demands of business. As a practical solution, many resort to leasing properties for residential or commercial use. Despite this common practice, the legal knowledge of many Filipino and foreign nationals residing in the Philippines on leasing contracts is often limited to rental costs and periods of lease. To many lessees and even lessors, the terms and conditions are nothing but legal mumbo jumbo. Given its significance, a basic understanding of the laws on leases is a must.
Definition
As legally defined, lease is a contract whereby the lessor temporarily allows another person to use his property in consideration of rental payments. The parties are free to agree on the terms and conditions of the lease contract, unless these terms and conditions are contrary to law, morals, good customs, public order, or public policy.
Ultimately, a lease contract is the law between the parties, binding them with respective rights and obligations enforceable under the law. Thus, a lease contract must be well-drafted so as to reflect the intent of the parties, and to foster trust, transparency, and security in long-term and even short-term lease arrangement.
Here are some key stipulations you must know about in leasing real properties.
Period
If the period of lease was fixed for a definite period, the effectivity of the lease contract ends on the date agreed upon; the lessor is not required to demand for the lessee to return the possession of the property to him or her.
If the parties fail to fix the period of lease, in case of urban lands, the payment of rent determines the period of lease. If rent is paid annually, the lease period is one year. If the rent is paid monthly, the lease period is one month. The same rule applies if the rent is paid weekly or daily.
Notice to Vacate
As a rule, a notice or demand to vacate is not needed to terminate a lease contract. Upon the expiration of the lease contract, the tenant who continues to occupy the property becomes a deforciant, or someone who is unlawfully withholding the property from the lessor. Upon a demand to vacate, the lessor may file a case to lawfully eject the lessee from the premises.
However, where the lessor consented to the occupation of the leased premises for fifteen (15) days even after the expiration of contract, the lease is deemed renewed with a period based on the frequency or period of payment and whose other terms are revived. If, however, the lessor sent a notice to vacate after the expiration of lease, such notice shall terminate the implied renewal and the lessee must vacate the premises.
In a tricky situation where the lessor sold the real property to another without the lessee’s knowledge, the purchaser may terminate the lease except when there is a stipulation contrary to the contract of sale between the lessor and the purchaser, or the purchaser knows of the existence of lease. Further, a lease of real property not recorded in the Registry of Deeds is not binding upon third persons, which may include a purchaser buying the real property in good faith.
Rent
While lessors are allowed to increase rent, this is not without limit for certain properties.
For lessors of residential units in the National Capital Region or other highly urbanized cities with a maximum rent of P10,000.00 and all residential units in all other areas with a maximum rent of P5,000.00, they can only increase rent annually, it shall shall not exceed seven percent (7%), if that the leased premises is occupied by the same lessee. The lessor cannot demand more than one (1) month advance rent, or two (2) months deposit.
To reiterate, the Rent Control Act only covers residential units within the abovementioned rent threshold.
Residential units with rent above the threshold and commercial units, therefore, are not regulated by the said law. However, this does not give them a blanket authority to unreasonably increase rent as courts can intervene in fixing the rent to uphold fairness and equity.
Subleasing
The lessee may sublease the leased premises even without the permission of the lessor, if there is no express prohibition in the contract. Nonetheless, the lessor and the lessee are still bound by the rights and obligations in their lease contract. The sublessee, in turn, is subsidiarily liable to the lessor for any rent due from the lessee but not beyond the amount fixed in the sublease agreement.Moreover, the sublessee does not have any direct action against the lessee.
So, while subleasing is allowed, sublessees must still take note of potential risks and liabilities of entering such an arrangement.
Rights of Heirs
Finally, the rights and obligations of the parties in a lease contract may be transmitted to the heirs of the parties unless the rights and obligations of the parties are not transmissible by its nature, by stipulation, or by provision of law.
Legal Proof
As the ink dries on the lease contract, its implications ripple through time. Lessors and lessees are encouraged to future-proof their lease contracts to ensure a mutually beneficial arrangement. AJA Law is here to provide the much needed support to maneuver the intricacies of leasing and find solutions to controversies arising therefrom.
The distinction between a Contract of Sale and a Contract to Sell is fundamental in Philippine Civil Law, specifically under the law on obligations and contracts. These two agreements, while closely related and often confused, have distinct legal implications, especially concerning the transfer of ownership and remedies available in case of breach. Below is a comprehensive analysis:
1. Definition and Key Features
Contract of Sale
Nature: A principal contract wherein one party (the seller) obligates himself to transfer ownership of and deliver a determinate thing to another party (the buyer), who, in turn, obligates himself to pay a price certain in money or its equivalent.
Ownership Transfer: Ownership is transferred to the buyer upon the perfection of the contract (or upon delivery, if agreed upon as a condition).
Risk of Loss: The risk of loss is immediately borne by the buyer once ownership has passed.
Contract to Sell
Nature: A preparatory contract where the seller reserves ownership of the property until the buyer fulfills a suspensive condition (e.g., full payment of the purchase price).
Ownership Transfer: Ownership is not transferred until the suspensive condition is met.
Risk of Loss: The seller retains the risk of loss since ownership remains with him until the condition is fulfilled
2. Legal Basis
Contract of Sale
Article 1458, Civil Code of the Philippines:
“By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent.”
Contract to Sell
Not explicitly defined in the Civil Code but recognized by jurisprudence as a valid contract. The courts characterize it as distinct from a Contract of Sale due to the conditional nature of the transfer of ownership.
3. Differences
Aspect
Contract of Sale
Contract to Sell
Nature
Consummated contract upon delivery and payment of price.
Conditional contract dependent on the fulfillment of a condition.
Ownership Transfer
Ownership passes upon perfection (or delivery).
Ownership passes only upon fulfillment of a suspensive condition.
Risk of Loss
Risk transfers to the buyer upon perfection (or delivery).
Risk remains with the seller until the suspensive condition is fulfilled.
Remedy for Breach
Specific performance or rescission under Article 1191.
No rescission; mere non-fulfillment of the condition prevents the transfer of ownership.
Reservation of Ownership
Not applicable; ownership is not reserved.
Ownership is expressly reserved by the seller.
4. Essential Elements
Contract of Sale
Consent: Mutual agreement between parties.
Object: A determinate thing or specific good.
Price: Must be certain in money or its equivalent.
Contract to Sell
Consent: Agreement on the conditional transfer of ownership.
Object: A specific property to be sold in the future.
Condition: Fulfillment of a suspensive condition (e.g., full payment of the price).
5. Legal and Jurisprudential Implications
Ownership Transfer
In a Contract of Sale, the seller cannot recover the property once delivered, unless there is a legal ground for rescission.
In a Contract to Sell, failure to fulfill the condition prevents ownership transfer, and the seller can retain the property without needing rescission proceedings.
Breach of Contract
In a Contract of Sale, breach may give rise to rescission under Article 1191 or damages under Articles 1170-1174.
In a Contract to Sell, failure to fulfill the condition is not considered a breach; rather, it results in the automatic non-transfer of ownership.
Risk of Loss
Under Article 1262, loss or deterioration of the thing sold is borne by the buyer if ownership has already passed.
In a Contract to Sell, the seller bears the risk as ownership remains with him.
Remedies for the Seller
In a Contract of Sale, the seller may:
Demand payment of the price.
Rescind the sale for breach.
In a Contract to Sell, the seller need not rescind because the failure to fulfill the suspensive condition automatically negates the obligation to sell.
6. Jurisprudence
Philippine courts have repeatedly clarified the distinction between these two contracts:
Heirs of Felipe Lazo v. Spouses Lazo (G.R. No. 176545)
The Court held that a Contract to Sell is a conditional sale where ownership is retained by the seller until the buyer pays in full. The non-fulfillment of the condition means no sale arises.
Coronel v. CA (G.R. No. 103577)
The Court distinguished a Contract of Sale, where ownership transfers upon delivery, from a Contract to Sell, where ownership remains with the seller until payment of the full price.
Sps. Santos v. CA (G.R. No. 102428)
The Court emphasized that in a Contract to Sell, the failure to pay the purchase price is not a breach but merely prevents the sale from being perfected.
7. Practical Application
Contract of Sale is often used in cash sales or transactions where payment is immediate or installment arrangements are accompanied by delivery of ownership.
Contract to Sell is preferred in real estate transactions where full payment is required before the transfer of title to safeguard the seller’s interest.
Conclusion
Understanding the distinction between a Contract of Sale and a Contract to Sell is crucial for both buyers and sellers. It affects ownership, risk allocation, and available remedies. Legal practitioners must carefully draft contracts to ensure
When someone passes away, his property goes to his lawful heirs.
In the law on inheritance, these legal heirs or compulsory heirs inherit through testate and intestate succession in the Philippines.
Testate Succession in the Philippines covers inheritance when there is a Will.
Intestate Succession in the Philippines covers inheritance when there is no Will.
So, unless a compulsory heir is disinherited, inheritance rules in the Philippines ensure that certain people must always inherit.
This article discusses Philippine succession law and covers testate and intestate heirs in the Philippines.
The focus is on helping you to understand WHO will inherit property after a person’s death and WHAT amount.
To do this, you will some basic ideas in property inheritance law in the Philippines:
Wills must obey the rules on succession in the Philippines. The law on succession in the Philippines define who inherits even under a will, and the will maker can only give away the portion that is not allocated to them.
Wills can only remove compulsory heirs if the will follows the Disinheritance section of the law of Succession in the Civil Code of the Philippines. This can be a little complicated, so you must consult a lawyer.
When a child has passed away before a parent or grandparent, his children are entitled to inherit through the Right of Representation under Philippine law. However, the share those children inherit is only the share of their parent, and not more than that.
If the parent has passed away, nephews and nieces may inherit from their uncle or aunt who have no children or Will through the Right of Representation under Philippine law. However, the share they inherit is only the share of their parent, and not more than that.
Legitimate, Illegitimate and Formally Adopted children inherit in all situations under the Rules of Succession in the Philippines. ‘Ampons’may not inherit under intestate succession.
Remember that this is only a guide. Wills, land inheritance laws, the order of succession in the Philippines – these can all get complicated and it is always best to talk to a lawyer.
Compulsory Heirs – When the deceased has children
No 1 – 1 Legitimate child or Legitimate children
With a will:
Legitimate children (or their children) – 1/2 of the estate divided amongst them
Free portion – 1/2 of the estate
Example: If the estate is worth P1M, then the legitimate child must inherit P500,000. If there are 4 legitimate children, then each inherits P125,000. The remaining P500,000 can be left to whomever the estate owner wants as stated in the will.
Without a will:
Legitimate children (or his children) – all of the estate divided amongst them
Example: If the estate is worth P1M, then the legitimate child inherits the total estate. If there are 4 legitimate children, then each inherits P250,000.
No 2 – 1 Legitimate child & 1 Illegitimate child
When there are Legal Heirs of deceased and a Will:
Legitimate child (or his children) – 1/2 of the Estate
Illegitimate child (or his children) – 1/4 of the Estate
Free portion – 1/4 of the Estate
Example: If the Estate is worth P1M, then the Legitimate child must inherit P500,000 and the Illegitimate child must inherit P250,000. The remaining P250,000 can be left to whomever the Estate owner wants as stated in the Will.Without a Will:
Legitimate child (or his children) – 2/3 of the Estate
Illegitimate child (or his children) – 1/3 of the Estate
Example: If the Estate is worth P1M, then the Legitimate child must inherit P666,666 and the Illegitimate child must inherit P333,333.
No 3 – 1 Legitimate child & Illegitimate children
When there are Legal Heirs of deceased and a Will:
Legitimate child (or his children) – 1/2 of the Estate
Illegitimate children (or his children) – 1/2 of the share of a Legitimate child taken from the Free Portion. If the Free Portion is not enough, then the Illegitimate children’s shares are reduced equally.
Free portion – None
Example: If the Estate is worth P1M, then the Legitimate child must inherit P500,000. If there are 2 Illegitimate children, then each would have P250,000. If there are 3 Illegitimate children, then each Illegitimate child would receive P166,666 or P500,000 divided by 3. If there are 4, then each Illegitimate child would receive P125,000 or P500,000 divided by 4.
Without a Will:
Legitimate child – 1/2 the Estate
Illegitimate children (or their children) – 1/2 of the share of a Legitimate child
Example: If there is 1 Legitimate child and 3 Illegitimate children and the Estate is 1M, the Estate would be divided so that the Legitimate child has 1/2 of the Estate (P500,000). Although the Illegitimate children should each have 1/2 of the share of the Legitimate child (P250,000 each) this is not possible since it would exceed the amount of the Estate. The Legitimate child’s share would be protected and the Illegitimate children’s share would be reduced equally so that each Illegitimate child receives P166,666.
No 4 – Legitimate children & 1 Illegitimate child
When there are Legal Heirs of deceased and a Will:
Legitimate children (or their children) – 1/2 of the Estate divided among them
Illegitimate child (or his children) – 1/2 of the share of a Legitimate child
Free Portion – Remainder
Example: If the Estate is 1M and there are 4 Legitimate children and 1 Illegitimate child, the Legitimate children would each receive P125,000 which is half of the P1M estate or P500,000. The Illegitimate child would receive half of the share of a Legitimate child or P62,500. The remainder is P437,500 (1,000,000 less P500,000 and less P62,500) and can be given to whomever the Estate owner wishes as stated in the Will (Free portion).
Without a Will:
Legitimate child – Twice that of the Illegitimate child, with the amount depending on how many Illegitimate children there are.
Illegitimate children (or his children) – 1/2 of the share of a Legitimate child
Example: If the Estate is 1M and there are 4 Legitimate children and 1 Illegitimate child, then each Legitimate child will inherit P222,222 and the Illegitimate child will inherit P111,111.
No 5 – Legitimate children & Illegitimate children
When there are Legal Heirs of deceased and a Will:
Legitimate children (or their children) – 1/2 of the Estate divided among them
Illegitimate children (or their children) – 1/2 of the share of a Legitimate child taken from the Free Portion. If the Free Portion is not enough, then the Illegitimate children’s shares are reduced equally.
Free Portion – Remainder
Example: If there are 4 Legitimate children and 2 Illegitimate children and the Estate is 1M, then each Legitimate child receives P125,000 or half of the Estate divided among them. The 2 Illegitimate children will receive P62,500 each. The remainder of P375,000 is the Free Portion and is given as stated in the Will.
Without a Will:
Legitimate child – Twice that of the Illegitimate child, with the amount depending on how many Illegitimate children there are.
Illegitimate children (or his children) – 1/2 of the share of a Legitimate child
Example: If there are 4 Legitimate children and 2 Illegitimate children and the Estate is 1M, then each Legitimate child receives P200,000. The 2 Illegitimate children will receive P100,000 each.
No 6 – Illegitimate children
How to divide an Inheritance when there are only Illegitimate Children
When there are Legal Heirs of deceased and a Will:
Illegitimate children (or their children) – 1/2 of the Estate divided amongst them
Free Portion – 1/2 of the Estate
Example: If there are 4 Illegitimate children and Estate is 1M, then each Illegitimate child receives P125,000. The remaining P500,000 is given to whomever the Estate owner wishes as stated in the Will.
Without a Will:
Illegitimate children (or his children) – all of the Estate divided amongst them
Example: If there are 4 Illegitimate children and Estate is 1M, then each Illegitimate child receives P250,000.
Unit and the Unit Owner: The “unit” is that portion or part of the condominium property which is subject to exclusive ownership. The boundaries and the description of each unit must be specifically set forth in the declaration creating the condominium, and ownership of a unit entitles the owner to its exclusive use. Once the real property has been submitted to condominium status, all the individual units become separate parcels of real property. The use of the unit must be consistent with the regulations and restrictions in the declaration of condominium, and the association has an irrevocable right of access to each unit when it is necessary to maintain, repair, or replace a portion of the common elements or any portion of the unit to be maintained by the association pursuant to the declaration of condominium. The association also has the right of access to each unit when it is necessary to make emergency repairs in a unit to prevent further damage to common elements or to another unit.
When an owner receives title to a condominium unit, the title also includes the ownership of an undivided share of the common elements that are assigned to the unit by the declaration. The unit, together with its undivided share in the common elements, is known as the “condominium parcel.” A “unit owner” or “an owner of a unit” means the owner of a “condominium parcel,” and title includes ownership of both the unit and a portion of the common elements assigned to it. In order for property to be subject to exclusive ownership in a condominium, it must be created and identified as a unit and it must have an undivided portion of the common elements assigned to it. A room or area of the condominium property called a unit but not assigned percentage of ownership in the common elements has been classified by the courts as common elements and its owner’s claim to exclusive ownership was
disallowed.
Common elements:
The portion of the condominium property jointly
owned by all of the owners is defined as “common elements”
and itincludes all of the condominium property that is
not located within the defined boundaries of the individual units. The property legally described in a declaration of condominium must be one of two kinds—it must be a “unit” specifically described
with a percentage of common element ownership assigned to it, or it will be common elements and jointly owned by all of the unit owners. No portion of the common elements is subject to exclusive ownership for so long as it remains a part of the condominium. The common elements are, however, subject to exclusive use by a particular unit or units to the exclusion of others if the declaration of condominium
permits it. Common elements set aside for exclusive use by the declaration are known as “limited common elements” and examples include balconies, patios, storage lockers, and assigned parking spaces. Except for these limited
common elements, all other portions of the common elements are for use by all of the unit
Below is an extensive discussion of conjugal property disputes after separation in the Philippines, focusing on the statutory provisions, legal principles, and practical considerations. This article covers the types of property regimes, distinctions between de facto and legal separation, the process of dividing conjugal assets, and common remedies and actions available to spouses.
1. Legal Framework in the Philippines
Family Code of the Philippines (Executive Order No. 209, as amended):
Governs marriages contracted after August 3, 1988.
Establishes the default property regime (Absolute Community of Property) if there is no prenuptial agreement.
Civil Code of the Philippines:
Governs marriages celebrated before the effectivity of the Family Code (i.e., prior to August 3, 1988).
Conjugal Partnership of Gains was the usual default regime before the Family Code took effect, although some couples still choose it by way of a marriage settlement.
Other Relevant Legislation and Jurisprudence:
Supreme Court decisions interpret ambiguous provisions and guide how courts resolve specific controversies.
Rules of Court govern procedure for judicial actions to settle property disputes.
2. Property Regimes Under Philippine Law
In the Philippine legal system, spouses may agree upon a property regime before marriage through a prenuptial agreement (also called a marriage settlement). In the absence of such an agreement, the default regimes apply depending on the date of marriage:
Conjugal Partnership of Gains (CPG)
Default regime for marriages celebrated before the Family Code took effect, or if the spouses expressly choose it in a prenuptial agreement under the Family Code.
Each spouse generally retains ownership of property acquired before the marriage (referred to as “capital property”). Only the income, fruits, and properties acquired during the marriage (the “conjugal partnership of gains”) form the common fund.
This common fund is divided upon dissolution of the marriage or termination of the partnership.
Complete Separation of Property
The spouses may stipulate in their prenuptial agreement to adopt complete separation of property.
Each spouse owns, disposes of, and manages their property independently.
This is not the default regime unless explicitly chosen.
Because many Filipinos still colloquially refer to “conjugal property” even under an Absolute Community of Property regime, the term “conjugal” is often used informally to mean any property that is jointly owned by the spouses. In strict legal terms, “conjugal partnership property” specifically applies to the Conjugal Partnership of Gains regime.
Absolute Community of Property (ACP)
Default regime for marriages celebrated under the Family Code (post–August 3, 1988) unless a prenuptial agreement states otherwise.
Under ACP, all property owned by the spouses at the time of the marriage and acquired thereafter generally becomes part of a single mass of property.
Exceptions include property acquired by gratuitous title (e.g., inheritance, donation), personal properties such as clothes or personal effects, and those excluded by law.
3. Separation in Fact vs. Legal Separation
3.1 Separation in Fact
Definition: Spouses live apart without obtaining a judicial decree. They are not legally separated, annulled, or divorced (divorce is generally not recognized in the Philippines, except under limited circumstances, e.g., for Muslims under PD 1083 or in cases of foreign divorce recognized under certain conditions).
Effect on Property:
Mere separation in fact does not dissolve the property regime.
The spouses remain bound by their property relations (whether ACP or CPG).
Each spouse still has a fiduciary duty to preserve the marital property. Transactions disposing of or encumbering conjugal/ community property generally require consent of both spouses (subject to exceptions in the law).
3.2 Legal Separation
Definition: A decree of legal separation is granted by a court when certain grounds are proven (e.g., repeated physical violence, moral pressure to change religious or political affiliation, attempt against the spouse’s life, etc.).
Effect on Property:
A decree of legal separation typically results in separation of property.
The court will order the liquidation of the existing ACP or CPG, dividing the net assets as mandated by law.
Future acquisitions become exclusive property of each spouse.
Important Note: Legal separation does not terminate the marital bond; it only affects property relations and the right to cohabitation. Annulment (or declaration of nullity of marriage) is an entirely different procedure that can result in the dissolution of the marriage bond itself.
4. Dissolution or Termination of the Property Regime
A conjugal property regime (whether ACP or CPG) can be dissolved in any of the following situations:
Death of either spouse
Declaration of nullity or annulment of the marriage
Legal separation (through a final court decree)
Judicial separation of property (granted under certain grounds, e.g., failure of one spouse to comply with marital obligations, abandonment, loss of parental authority)
Court-approved voluntary dissolution of property under extraordinary circumstances
Once the regime is dissolved, the next legal step is liquidation—identifying which properties belong to the spouses separately and which belong to the common fund—and partitioning these assets accordingly.
5. Identifying Conjugal Property
Key guidelines for determining conjugal (or community) property include:
Property Acquired During Marriage
Under ACP: Nearly all property acquired by either spouse during the marriage is part of the community property.
Under CPG: The “conjugal partnership” generally comprises the fruits, products, and income from the spouses’ separate or capital properties, plus any property acquired with such income.
Exclusions
Property acquired prior to the marriage (where CPG applies).
Property inherited or donated to one spouse (exclusion applies under both ACP and CPG, unless expressly provided otherwise by the donor/testator).
Personal belongings (clothes, personal effects).
Property purchased through exclusive funds of one spouse (subject to proof).
Proof of Exclusive Ownership
Spouses often dispute whether an item is “conjugal” or “separate.” Documentary evidence (e.g., deeds of sale, bank records, statement of account) is crucial.
Courts typically err on the side of presuming property acquired during marriage to be conjugal/ community unless proven otherwise.
How to Transfer Land Title in the Philippines 2025
In the Philippines, a land title is the ultimate proof of property ownership under the Torrens Title System, which records the transfer of ownership from one owner to the next. You may not usually need to know the process unless you are a real estate professional, a seller, or a buyer—but once you buy or sell property, understanding how to transfer a land title becomes essential. During a property transaction, all parties—the seller, listing broker, buyer, and buyer’s broker—should clearly agree from the beginning on who will handle the title transfer. If you are the buyer, it’s in your best interest to understand the steps for transferring the land title to your name. You can do the process yourself if you have the time and patience, or you may hire a lawyer, licensed real estate broker, or a title transfer company for a service fee, which varies depending on the property location. For your reference and guidance, here are the:
4 Steps on How to Transfer Land Title in the Philippines Note that we refer to it as a land title transfer procedure but the same goes when transferring title for a condominium or other properties.
Transfer of Title Requirements Philippines.
1. Deed of Conveyance – whether it is a Deed of Absolute Sale (DOAS), Extrajudicial Settlement of Estate with Sale (EJS with Sale), Deed of Donation, etc. Prepare 8 copies.
– For sales transactions, prepare an Acknowledgement Receipt of the amount received by the seller. If the seller is a real estate developer or a real estate dealer who is habitually engaged in real estate, the seller can issue an Official Receipt.
– Make sure the deed indicates the unique Tax Identification Number (TIN) numbers of the parties involved. Important: the spelling of the names on the deed of conveyance, the name on the Bureau of Internal Revenue (BIR) TIN, and on the identification documents should be the same; the signature on the deed of conveyance and on the IDs should be the same.
– Both the Deed of Conveyance and the Acknowledgement Receipt must be notarized.
– Why prepare 8 copies? Here’s the distribution breakdown:
– Notary Public – Seller – Seller’s Licensed Real Estate Broker
– Buyer
– Buyer’s Licensed Real Estate Broker
– Copy for submission to the various government agencies (Bureau of Internal Revenue, LGU Treasurer’s Office, Registry of Deeds, LGU Assessor’s Office) – Copy for the Condominium Corporation or Homeowner’s Association
2. Photocopies of IDs of all signatories in the deed; all photocopies must have 3 signatures of the owner of the ID; IDs are called “competent evidence of identity” and are defined as a “current identification document issued by an official agency bearing the photograph and signature of the individual”. Examples: Valid Passport, Valid Driver’s License, Valid license cards issued by the Professional Regulations Commission, etc. Important: Do not use expired IDs.Official Receipt of the Notary Public for the notarization of the deed.
3. Official Receipt of the Notary Public for the notarization of the deed.
4. Certified True Copy of the Title (Get 3 copies.) You will get this from the Registry of Deeds that has jurisdiction over the property.
5. Certified True copy of the latest Tax Declaration. When you request for the certified true copies of the latest Tax Declaration indicate that the request for the copies are for “BIR Purposes”. Please take note that there are separate tax declarations for the land and for the improvement (ex. house, building). The Tax Declaration is issued by the Assessor’s Office of the city or municipality where the property is located.
6. Tax Clearance – Issued by the Office of the Treasurer of the city or municipality. This certifies that the Real Property Taxes for the property, both the land and improvements, have been paid. Requirements to get a Tax Clearance: – Latest Tax Declaration – Latest Official Receipts of Real Property Tax payments – Previous Tax Clearance (if any) – Notarized or Apostilled SPA and valid ID if the requesting party is not the registered owner. Some LGUs allow just a simple authorization letter from the owner.
7. Clearance from the Homeowners Association (HOA) if the property, whether lot only, house and lot, lot with building, is located inside a subdivision or Management Certificate if the property is a condominium unit. Both the HOA Clearance and Management Certificate prove that the seller has settled all HOA/condo dues for the year. The certificate also indicates if the property has been leased. Note: Have this certificate notarized.
8. Marriage certificate (for married sellers and buyers)
9. Birth certificate (only when applicable). This is needed in cases of Deed of Donation to prove the relationship between donor and donee or Extra-Judicial Settlements to prove the relationship between decedent and heirs.
10. Certificate of No Marriage (Cenomar) (only when applicable). Needed if seller or buyer is single. Please take note that the Cenomar is valid only for six (6) months from its issuance by the Philippine Statistics Authority (PSA)
11. For lots-only sale: Certificate of No Improvement. Secure this from the Assessor’s Office of the city or municipality
12. 3” x 5” color photos of the property frontage or facade – Land and House – Photo showing the front outside of the house including the house number. – Condominium – Photo showing the building with the building name visible. Photo of the unit door with the door number visible.
13. Location map – just print a Google Map pertaining to the property.
14. Owner’s Duplicate Copy of the Title – Transfer Certificate of Title (TCT) – for land-only or house and lot or lot with improvement – Condominium Certificate of Title (CCT) – for a residential condominium, office condominium, or parking unit 15. Special Power of Attorney to Process the Title Transfer – if someone else shall process your title transfer. This SPA shall be required by the BIR, LGU Treasurer’s Office, Registry of Deeds, and LGU Assessor’s Office. Important: It should be signed by the SELLER.
An incredible opportunity exists for real estate lawyers looking to grow their business and get more clients through online marketing and search. It’s blogging.
Figuring out what to write isn’t always clear and if done improperly can consume a lot of time and make more of a mess than allowing you to reap the benefits. In this article, we’ll go over some of the best real estate law blog topics that attorneys and law firms should be publishing content for and dive into the sub-topics within them.
1. Property Taxes
Discussing the different property tax codes and how their applicability can be beneficial to potential clients and to you, if you offer legal services related to property taxes. Some topics include:
Property Tax Redemption
Foreclosure Redemption
Taxes exceed proceeds
Discuss how buyers and sellers can take advantage of these redemptions or benefits. Cite the codes that apply and discuss the nuances and implications. If you publish a blog post that deals with dollar amounts, then use a table or other visual elements to clearly breakdown line items and clearly illustrate examples.
Manila Metropolis is a multi-centered Capital Region of the Philippines.
Did you know that there’s at least 30 central business districts in Metro Manila alone? Yup, more than its interconnected cities, CBDs have been scattered like mushrooms in the metro for years and decades.
A central business district (CBD) is the commercial and business center of a city. In larger cities, it is often synonymous with the city’s “financial district”.
Metro Manila is home to 15 Million people, as well as massive Central Business districts. In 1594, the creation of a Financial District centered in Binondo-Escolta area.
After the devastation of The Battle for the Liberation of Manila in February of 1945, the need of office space began due to reconstruction efforts.
This gave way to the first major CBD in the Philippines, the Makati Business District in 1950’s (from Binondo to Makati), which grew larger in the past 60 years.
As the metropolis expanded, more and more CBD were set up to cater the growing population and economy of the Metropolis. These CBDs include Ortigas Center and Alabang (1980’s), Bonifacio Global City (1995), and Manila Bay Area (2007).
As of now, there are 30 CBDs inside the 600 square kilometers of land within Metropolitan Manila. New CBDs such as Arca South, Bridgtowne, Eastwood City, Greenfield District, Ortigas East, Century City and many more start to shape Manila’s future skyline.
METRO MANILA CBDs
This list includes the Major Districts and secondary CBDs within Metropolitan Manila.
MAKATI CENTRAL
The Makati Central Business District, also known as the Makati CBD, is the leading financial and central business district in the Philippines located at the heart of Makati in Metro Manila. The financial district is managed by two groups—the Makati Commercial Estates Association (MaCEA) and the Ayala Property Management Corporation (APMC).
The Makati CBD is a modern urban landscape that emerged from the vision outlined in Presidential Decree 824, signed in 1975 by then-President Ferdinand Marcos. This decree officially declared Makati as the country’s financial center, paving the way for its remarkable metamorphosis.
It is politically known as “Central Cluster” in the West District of Makati. It is different from the civic center of Makati known as “Makati Poblacion” which is situated at the north-east portion of the district.
It is bounded by EDSA, Gil Puyat Avenue, Arnaiz Avenue, and Chino Roces Avenue. The whole district occupies barangays of San Antonio, San Lorenzo, Bel-Air, and Urdaneta.
At the nucleus of the Makati CBD is Ayala Avenue, an iconic thoroughfare that serves as the district’s financial spine. Lined with towering skyscrapers housing multinational corporations, financial institutions, and embassies, Ayala Avenue is the embodiment of Makati’s economic prowess.
Beyond its corporate identity, the Makati CBD caters to a diverse range of interests. High-end shopping centers like Greenbelt and Glorietta offer a retail haven, while an array of restaurants, bars, and cafes create a lively social scene. Parks and open spaces provide a breath of fresh air amid the urban hustle.
https://youtu.be/_j2PCvlKpf0?si=nXIe2ZYvjFdrxq5-
Bonifacio Global City (Taguig)
Bonifacio Global City or simply BGC, stands as a testament to urban sophistication and modernity. This burgeoning central business district has swiftly become a powerhouse in the Philippine economic landscape.
What once was a military base has evolved into a dynamic and meticulously planned urban center. Spearheaded by the Bases Conversion and Development Authority (BCDA) and Ayala Corporation, BGC’s development began in the early 2000s, breathing life into a strategic vision.
The skyline of BGC is a mesmerizing symphony of skyscrapers, each telling a tale of corporate success and innovation. Iconic structures like The Finance Centre, Bonifacio High Street Corporate Center, and Uptown Tower contribute to the district’s distinctive profile. BGC’s skyline is a visual testament to its role as a burgeoning economic and financial hub.
What sets BGC apart is its appeal to multinational corporations, technology firms, and start-ups. The district hosts the regional headquarters of various global companies, drawn to its state-of-the-art office spaces, accessibility, and commitment to sustainable urban planning. BGC is more than a CBD; it’s a corporate ecosystem.
BGC also prides itself on pioneering sustainable and green urban living. Parks and green spaces are strategically integrated, providing residents and workers with pockets of nature amidst the bustling cityscape.
While business is at its core, BGC weaves a rich cultural tapestry. The district hosts events, art installations, and cultural festivals that add vibrancy to the urban experience. The Mind Museum offers hands-on science displays, while the Manila American Cemetery and Memorial honors WWII soldiers. Colorful street murals make the area popular for strolling. Definitely, one of my favorite cities in Metro Manila.
https://youtu.be/UC2ADkRyYrw?si=ACrrn5PsZFlIcBee
Ortigas Center (Mandaluyong, Pasig & San Juan)
Ortigas Center is a central business district located within the joint boundaries of Pasig, Mandaluyong and Quezon City, within the Metro Manila region in the Philippines. With an area of more than 100 hectares, it is Metro Manila’s second most important business district after the Makati CBD.
Recognized for its skyscrapers, commercial complexes, and vibrant lifestyle, Ortigas Center has evolved into a dynamic hub that seamlessly blends business and leisure. Ortigas Center is a testament to the Philippines’ economic prowess, housing the headquarters of prominent corporations, financial institutions, and multinational companies. The district’s skyline is adorned with towering office buildings, symbolizing the economic vitality pulsating within its boundaries.
World-class shopping malls, including SM Megamall, The Podium, and Shangri-La Plaza, provide a diverse array of retail options, from international brands to local favorites. The malls not only cater to shoppers but also serve as social hubs offering entertainment and dining experiences.
Ortigas Center isn’t just a place of work; it’s a community. The district hosts upscale residential condominiums and apartments, providing a convenient living space for those who prefer to reside close to their workplace. The residential offerings range from luxurious penthouses to stylish, modern units.
Entertainment is ingrained in Ortigas Center’s DNA. Cinemas, theaters, and concert venues host a variety of events, from international performances to local productions. The district’s nightlife is vibrant, with bars and clubs offering diverse experiences for those seeking after-hours entertainment.
Gastronomic delights await in Ortigas Center’s myriad of dining establishments. From upscale restaurants to street food stalls, the district caters to every palate. Food hubs like the Kapitolyo neighborhood have gained fame for their eclectic culinary offerings, making Ortigas a haven for food enthusiasts.
https://youtu.be/GdKZ644BWsc?si=Wr4f-Poy-96RxX3r
Filinvest City (Muntinlupa)
Filinvest City is a premiere garden CBD designed to provide modern conveniences in harmony with nature. It is a residential haven, business central, leisure destination, learning and education zone, and medical and wellness hub amid lush, green landscapes in a modern urban development.
The development of Filinvest City began in 1995, by Filinvest at the site of the former Alabang Stock Farm. Under the administration of President Fidel V. Ramos, the farm was opened for joint development with the private sector and the government-owned property was placed for bidding.
Filinvest City stands as a beacon of economic growth in the southern metro. With its modern skyscrapers housing corporate offices, BPO centers, and multinational companies, the district has become a catalyst for economic progress, drawing both local and international businesses seeking a strategic location.
As a forward-thinking CBD, Filinvest City is also recognized for its commitment to technology and education. The Northgate Cyberzone serves as a hub for information technology and business process outsourcing (IT-BPO) companies, contributing to the district’s economic resilience.
A testament to its dynamism, Filinvest City boasts commercial centers like Festival Mall and Westgate Center, providing a plethora of retail options, dining experiences, and entertainment venues. These destinations not only serve the daily needs of the workforce but also offer leisure activities for residents and visitors.
Accessibility is a key feature of Filinvest City’s allure. Connected to major thoroughfares such as the South Luzon Expressway (SLEX) and the Skyway, the district ensures seamless transportation for commuters. Moreover, the upcoming Skyway Extension further enhances connectivity to and from the central business district.
https://youtu.be/eijlnUZWItg?si=RcqNohEgWyrqQynC
Rockwell Center (Makati)
Rockwell Center is a high-end mixed-use area in Makati. It is a project of Rockwell Land Corporation which is in turn owned by the Lopez Holdings Corporation. Named after James Rockwell, the former President of the Manila Electric Railroad and Light Company (Meralco), this upscale enclave is a testament to luxurious living and urban sophistication. The district was first developed in 1998 and is being expanded since 2012.
The architectural firm Skidmore, Owings & Merrill (SOM) carried out the design under the direction of former design partner Larry Oltmanns, while Felino Palafox and his company, Palafox Associates, became responsible for the master-planning of the complex.
Its centerpiece, the Power Plant Mall, opened on December 26, 2000. The Rockwell Center includes office buildings, condominium towers, a law and business school and a shopping mall
https://youtu.be/mTI8JG73yMg?si=Zf9AFoGdPwN4fPmo
Eastwood City (Quezon City)
Eastwood City is an 18.5 hectares mixed-use development complex located in Barangay Bagumbayan Quezon City. Launched in 1997, it is Megaworld Corporation’s first “live-work-play” community that offers complete facilities, amenities, and establishments for living, working, playing, and shopping.
Home to the largest business process outsourcing (BPO) locators, Eastwood City is the country’s first IT park and the first project to be granted special economic zone status by the Philippine Economic Zone Authority (PEZA). Since its establishment as a premier Cyberpark, it has become a top employer and leading dollar-earner in the Philippines
Apart from being business community, Eastwood City is a residential community with 19 high-rise residential towers.
Eastwood City offers families, professionals and urbanites a variety of shopping, dining and recreation offerings at its three lifestyle malls Eastwood Mall, Eastwood Cyber and Fashion Mall and Eastwood Citywalk, which are managed under the Megaworld Lifestyle Malls brand.
https://youtu.be/aw925lDXL14?si=l9aZoVYcDGZ5WF6j
Greenfield District (Mandaluyong)
Greenfield District carries the innovative vision of Greenfield Development Corporation by being a remarkable urban development built on two primary foundations: a technologically advanced infrastructure and an eco-efficient master plan.
Bordered by the main thoroughfares EDSA and Shaw Boulevard, and stretching towards Reliance Street and Sheridan Street, the 15-hectare Greenfield District sits at the heart of the new Mandaluyong CBD, making it conveniently located near central business districts, schools, hospitals, malls and lifestyle centers.
Designed to give a truly distinctive brand of city lifestyle, the masterplanned development is known as a “smart and connected” urban center with buildings technologically interconnected with a fiber-optic framework. Along with these ultra-modern high-rise buildings, the community is further redefining the Mandaluyong landscape with sweeping, green open spaces that comprise a generous portion of the development, and further enhanced by a pedestrian-oriented neighborhood.
Urban dwellers will also find ideal, future-ready homes in the development. The Twin Oaks Place is Greenfield District’s flagship condominium project, where every unit is integrated with fiber-optic connectivity that enables features such as smartphone-controlled home automation.
Meanwhile, Zitan, another fiber-to- the-home condominium development, is particularly designed to be transitoriented as it is linked to the Shaw Boulevard station of the MRT along EDSA.
Greenfield District’s retail spaces are being redeveloped into modern, convenient and efficient lifestyle centers such as The Hub and The Portal. Its well-selected variety of restaurants, bars and cafés serve the emerging lunch and after-office crowd of employees and executives from within the vicinity of office buildings.
https://youtu.be/gOyAM0KA94w?si=1lX7PuZu12jxFeJk
Mall of Asia Complex (Pasay)
Nestled along the picturesque Manila Bay, the Mall of Asia (MOA) Complexstands as a sprawling testament to modernity, entertainment, and lifestyle in Metro Manila, Philippines. This vibrant and dynamic complex is a multifaceted hub that seamlessly blends retail therapy, entertainment, business, and leisure, creating a one-stop destination for locals and tourists alike.
At the heart of the complex lies SM Mall of Asia, one of the largest shopping malls in the world. Boasting an extensive array of retail outlets, dining establishments, and entertainment options, SM Mall of Asia has become a retail haven that attracts millions of visitors annually. From international fashion brands to local delicacies, the mall offers a diverse shopping experience for every taste and preference.
Adjacent to SM Mall of Asia is the Mall of Asia Arena, a world-class events venue that has hosted international concerts, sporting events, and theatrical productions. With its state-of-the-art facilities and a seating capacity of over 15,000, MOA Arena is a key player in the Philippines’ entertainment scene, drawing both local and international talents to its stage.
For business and corporate gatherings, the SMX Convention Center within the complex serves as a premier venue. With its versatile event spaces and cutting-edge facilities, it has become a top choice for conventions, trade shows, and conferences, contributing to the Philippines’ emergence as a hub for regional and international events.
The Mall of Asia Complex doesn’t just cater to shopping and business; it also provides a range of recreational activities along Manila Bay. The MOA Eye, a giant Ferris wheel, offers breathtaking views of the bay and the cityscape. The nearby SM By the Bay Amusement Park provides family-friendly attractions and fun-filled rides for visitors of all ages.
Seaside Boulevard, stretching along Manila Bay, is an integral part of the complex. This scenic boulevard offers a tranquil escape for joggers, cyclists, or those seeking a leisurely walk by the bay. Lined with palm trees, open spaces, and occasional events, it provides a refreshing contrast to the bustling activities within the complex.
Entertainment City (Parañaque)
Entertainment City, also known as E-City (formerly PAGCOR City and Manila Bay Tourism City), is a gaming and entertainment complex under development by PAGCOR spanning an area of 8 km2 (3.1 sq mi) in Bay City, Metro Manila, Philippines.
It was first envisioned by PAGCOR in 2002. Alongside the Aseana City business development, it lies at the western side of Roxas Boulevard and south of SM Central Business Park (SM Mall of Asia), part of Parañaque.
The project is officially named as the Bagong Nayong Pilipino-Entertainment City through an executive order by President Gloria Macapagal Arroyo and has been called several other names by the press. The most common name being referenced is “Entertainment City”.
e site has been declared a PEZA-approved economic zone and in 2017, President Rodrigo Duterte named Entertainment City as Expo Pilipino Entertainment City will be named after the exposition for the centennial of the independence of the Philippines in 1998 called Expo Pilipino.
Five Integrated Resort projects have been qualified to date in accordance with the Terms of Reference and are under construction by phases namely, Solaire Resort & Casino, City of Dreams Manila, Okada Manila (formerly Manila Bay Resorts), Westside City Resorts World – (formerly Resorts World Bayshore), and NayonLanding.
The Ultimate guide to Navigating the Real Eatate Market.
1. BUYING AND SELLING PROPERTIES.
When buying or selling real estate. Buyers want to ensure they are paying a fair price for the property, while sellers want to set an appropriate asking price. Appraisals help both parties determine the market value of the property and negotiate a reasonable transactions.
2. SECURING LOANS.
Lenders require property appraisals to assess the value of the collateral when approving loans. Wheater its a mortgage for purchasing a home or a loan. Whether it`s a mortgage for a commercial property, the lender wants to ensure the property`s value justifies the loan amount. Appraisals provide the necessary infomation to migitate risk for the lender.
3. INSURANCE PURPOSES.
Property appraisals are conducted for insurance purposes to determine the replacement cost or the insurable value of a property. In the event of damage or loss, the appraisal helps ensure that the property is adequately insured, and the insurance company can provide appropriate coverage.
4. PROPERTY TAX ASSESSMENT.
Goverment authorities use property appraisals to assess the value of properties for taxations purposes. The appraisals helps determine the property`s assessed taxes. Accurate appraisals ensure that property owners pay thier fair share of taxes based on the propety`s value.
5. ESTATE PLANNING AND PROBATE.
Property appraisals play a vital role in estate planning and probate proceedings. When an individual passes away, their real estate assets need to be appraised to determine their value for inheritance purposes, equitable distribution among heirs, or estate tax calculations.
6. LITIGATION AND DISPUTE RESOLUTION.
Appraisals are often necessary in legal proceedings related to real estate, such as property disputes, divorce, settlements, eminent domain cases, or insurance claims. Appraisals provide an unbiased assessment of a propety`s value, serving a basis for resolving legal disputes.
7. INVESTMENT ANALYSIS.
Property investors rely on appraisals to assess the potential return on investment. Appraisals provide insights into the property`s value, rental income potential, and market conditons, enabling investors to make informed decisions about purchasing or selling properties.
REAL ESTATE VALUATION PROFESSIONAL
1. THE SUBDIVISION AND CONDOMINIUM BUYER`S PROTECTIVE DECREE (PD 957).
REALTY TAX
Real estate tax and assessment on a lot or unit shall be paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer; Provided, however, that if the buyer has actually taken possession of occupied the lot or unit, he shall be able to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy.
DONATION OF ROADS AND OPEN SPACES TO LOCAL GOVERMENT.
The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project may, his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the HLURB.
PENALTIES
Any person who shall violate any of provisions of this Decree and/or any rule or regulation thay may be issued pursuant to this Decree shall, upon conviction, be punished by a fine of nor more than twenty thousand (P20,000.00) pesos and/ or imprisonment of not more than ten (10) years. Provided, that in the case of corporations ,patnerships, cooperatives, or associations, the President, Manger or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/ or the rules and regulations promulgated pursuant thereto.
2. BATAS PAMBANSA 220
authorizing to establish and promulgate different levels of standards an technical requirements for economic and socialized housing projects in urban and rural areas from those provided undeR PD 957 -economic socialize housing refers to housing units which are within the affordability level of the average and low-income earners which is thirty percent (30%) of the gross family income as determined by the National Economic and Development Authority from time to time. it shall also refer to the goverment -initiated sites and services development and construction pf econmic and socialized housing projects in depressed areas.
CONFORMALITY WITH THE ZONING ORDINANCE OR LAND USE PLAN OF THE CITY/ MUNICIPALITY.
Housing projects should conform with the zoning ordinance of the city/municipality where they are located, thus, shall be in suitable sites for housing . However, where there is no zoning ordinance or land use plan , the predominant land use principle and site suitability of a project to a site. Futhermore, if the project is undoubtedly supportive of other land uses and activities(e.g..,housing for industrial workers) said project shall be allowed.
3. THE CONDOMINIUM ACT (RA 4726)
Consisting of a seperate interest in a unit in a residential, industrial or commercial building and undivided interest in common, directly or indirectly , in the land on which it is located and in other common areas of the building.
COMMON AREA
Means the entire project excepting all units seperately granted or held or reserved
The following are not part of the unit bearing walls , columns , floors, roofs foundations and other common structural elements of the building ;lobbies stairways ,hallways , and other areas of common use,elevator equipment and shafts central heating, central refrigeration and central air-conditioning equipment reservoirs, tanks , pumps and other central services and facilities, pipes, ducts, flues chutes, conduits, wires and other utility installations , whearever located, except the outlets thereof when located within the unit.
Other parts of the project, as may be declared in the Master Deed of Restrictions as required by PD 957 such as but not limited to; amenities, play are swimming pool , function rooms, etc.
NON-PAYMENT OF A UNIT OWNER OF HIS DUES
shall constitute a lien on the title of the condominium unit to be registered with the Registry of Deeds concerned.
the management body shall have the power to bid at the foreclosure sale.
CONDOMINIUM CORPORATION
Membership in the shall not be transferable , wheather stock or non stock, shall not be transferable seperately from the condominium unit of which it is an appurtenance.
4. PD 1216-OPEN SPACES IN RESIDENTIAL SUBDIVISION
this amends Sections 31 of PD 957 requiring subdivision owners to provide road, alleys, sifewalks and reserve open spaces for parks and recreational use.
1. OPEN SPACES.
an area reserved exclusively for parks, playgrounds, recreational areas, schools, roads, places of workships, hospitals, health centers, and other similar facilities and amenities.
2. STANDARD PROVIDED.
adequate roads, alleys and sidewalks, 1 hectares or more, 308 – 70 ratio. 30% OF Gross area for open spaces and 70% of gross area is the saleable are.
3. EXCLUSIVE FOR PARKS, PLAYGROUNDS AND RECREATIONAL USE;
9% of GA for high density socialized housing consisting of 66 to 100 family lots per gross hectares 7% of gross area for medium density or economic housing consisting of 21 to 65 housing unit per gross hectares 3.5% of gross area for low density or open market housing project consisting or less than 20 housing unit per gross hectares.
5. LOCAL GOVERMENT CODE OF 1991 (RA 7160)
All real property, wheather taxable or exempt, shall be appraised at the current and fair market value prevailing in the locality where the property is situated.