Live in Philippines - can a foreigner become an owner?

Regarding becoming a Phil citizen and giving up US citizenship - Agreed, a  very complex and slippery slope.  All persons considering such an option should carefully review the requirements according to the Section 2 of the Revised Naturalization Act of the Philippines.

Regarding Filipino wife and foreign spouse's names on TCT title as owner to the lot  - The safest way to have any rights as a foreigner is to make sure the new TCT or the bill of sale read “Sue Doe, married to John Doe a foreigner”.  This measure and it's effectivity is limited to the foreign spouse holding a 13 series visa on up to 1,000 square meters of land.

Nearly all banks will gladly accept the foreign income to qualify for a home loan and expect the foreigner to pay in case of spouse default.  I would like any person to show that they have a land ONLY loan with a foreigner as the joint or sole owner on the TCT document (excluding the sales contract).

Any office that records a foreigner as the sole owner or joint owner is in violation of the Philippine Constitution. In any court action, the foreigner will loose and risk the property TCT being declared void.  This topic is found in the Philippine Constitution where it (under Article XII, Section 7) states,

“Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.”

The "qualified to acquire or hold lands of the public domain." is the key phrase.  Meaning those qualified are:
1.  Filipino citizens.
2.  Corporations at least 60% of the capital of which is owned by Filipinos.

Only after the above has been accomplished and only if the Filipino spouse passes prior to the foreign spouse, it is possible for the foreign spouse to inherit and keep the land in his/her name permanently as the 100% owner of that land only.

There is a related rule that allows a 13 series visa holder to retain such visa status permanently upon the death of the Filipino spouse. 

As another part of this related topic, one can research how PRA controls the release of funds for foreigners on RFO vs. Pre-selling units. It can be said that RFO (Ready for Occupancy) are the only properties allowed by PRA for SRRV holders to release their required deposits for such purchases. This topic area will get into the CCT vs. TCT requirements again as noted in other posts.

sandArmando wrote:

I've read swearing allegiance to a new country and renouncing your US citizenship may have no effect on your US citizenship... As far as the US is concerned.

It's like getting married in a foreign country you can be serious as a heart attack but it is a bureaucrat in the embassy that will decide if your marriage is legit enough to let your new wife get entrance on a proper visa.
IMO

Just what I've read.....

This is Not true!  You need to be careful posting such "misinformation".  The Philippine government requires the renouncement to take place as a condition of Philippine citizenship … a renouncement that must be done in person in front of US authorities. 

This has nothing to do with nor is it, "like getting married in a foreign country." 

One should read carefully on this topic under:  Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1481(a)(5)) is the section of law governing the right of a United States citizen to renounce his or her U.S. citizenship.

Not misinformation at all... I did read it.:-)

"you can do anything you want. The problem is getting the Department of State to recognize it. There was a Puerto Rican nationalist that causes all sorts of legal problems by renouncing his US citizenship and then making his way back to Puerto Rico under the theory that he was a Puerto Rican citizen. After causing a lot of legal headache, the State Department fixed the issue by unrenouncing his U.S. citizenship."

I wouldn't recommend it.

Puerto Rico & Guam are US territories and have some complex & constantly moving issues with citizenship and state status.  On April 29, 2010, the "U.S. House voted 223–169 to approve a measure for a federally sanctioned process for Puerto Rico's self-determination, allowing Puerto Rico to set a new referendum on whether to continue its present form of commonwealth, or to have a different political status." 

This topic can be compared to Native American Indians - "America’s Indians are unique in that, unlike any other minority, they are both separate nations and part of the United States." - See more at: http://www.historytoday.com/andrew-boxe … IQ6k9.dpuf

If this same measure was on any of the 50 states (except Texas) it would be unconstitutional.  If this passes, it is possible that persons born in PR can be dual citizens (which would allow the ability to give up US Citizenship) while remaining a citizen of an independent commonwealth.

The United States Constitution does not fully enfranchise "US citizens" born in Puerto Rico.  Therefore, this is a very different situation than a 50 State US Citizen or person born in the US vs. a quasi-Territory citizen. 

Why do you think Indian reservations in the USA can have gambling casinos in states where gambling is otherwise illegal?  They are not "regular US Citizens" and are part of "Nations states within the USA".  Many do not consider themselves to be US Citizens but true Americans of member nation states.

So, regarding the majority of Americans renouncing citizenship as a US Citizen to become a Phil citizen, that is the focus.  I do not have any idea what % of Americans living in the PI are Americans via a Puerto Rican status.  I doubt it is more than 1%…so my response addresses 99% of the readers concerned with the topic here.. IMHO!

I think we can agree it's a dumb idea just to become an owner of property.

Also, It's probably a good idea to visit a psychiatrist a couple of times before you renounce, then when you change your mind (or someone sues you for your property) you can just return to the USA on your Philippines passport, then rip  that up and start living your life like nothing happened. If anyone gives you grief, you just say, "I did what?  That's nuts, I'm an American!"

sandArmando wrote:

I think we can agree it's a dumb idea just to become an owner of property.

"

It's actually not for some people. If the foreigner and his / her Filipino spouse have a house they both cherish and had fond memories in, if the spouse will inherit land and rentals from her / his Filipino parents, if the long-term plan of the spouse is to build rental properties as a source of extra income for them both, especially in their retirement years, then Filipino citizenship might be a good idea. It will depend on how much the foreigner could gain financially. I'm sure all those who were, or will be, in this situation reviewed first the pros and cons before making a decision.

My wonderful wife and her family are now my family and without exception they are all good people. I count myself more than fortunate and blessed to be part of their lives.
My wife and I purchased land (in her name) and built a home on it (in both our names). I intend, as does my wife that the home should stay in the family after we are gone. What they chose to do with it, is up to them. Reselling my home was not part of the decision when it was built, the future will take care of itself. We have money set aside for medical emergencies if needed. Though I also believe that if it is my time to depart this world that it is in God's hands (my belief).
For us purchasing the land and building a home was and is the right decision.

sandArmando wrote:

I've read swearing allegiance to a new country and renouncing your US citizenship may have no effect on your US citizenship... As far as the US is concerned.

It's like getting married in a foreign country you can be serious as a heart attack but it is a bureaucrat in the embassy that will decide if your marriage is legit enough to let your new wife get entrance on a proper visa.
IMO

Just what I've read.....

Again, same response as yesterday…. this is Not true!   

I hope you get that Puerto Rican citizenship renouncement by a Puerto Rican does not relate to 99% of the expats in the Philippines. 

Data from 2013 showed 3,415 U.S. citizens revoked their status out of the 7.6 million American Expats who reside outside U.S. borders.  This means about 0.000449 % of all expats took this option globally.   Even with linear calculation and no data to show why or if, that would mean less than 140 expats out of 300000 US expats in the Philippines would do this.  Once you have renounced your US citizenship, you will be considered a non-resident alien (NRA) and the US Social Security rules for NRAs will apply to you.

Therefore, any American-retiree expat with Social Security benefits will want to first understand the rules as listed in: http://www.socialsecurity.gov/pubs/EN-05-10137.pdf

If the expat does not care or takes your advice, they can expect the: "If you are not a U.S. citizen or a citizen of one of the countries listed on pages 5, 6 and 7, we will stop your payments after you have been outside the United States for six full calendar months". 

This is my last comment on your opinion regarding this topic.

And it depends on what your losing by renouncing your citizenship... Maybe your gaining, depends on the country I suppose.

But in case your not giving up citizenship in a place that's worse than the Philippines.....There are probably several ways to do what you describe without letting the "tail wag the dog."

I'm familiar with two commonly used by expats in some countries. One of which I used myself when I was an Expat in Latin America.
Use a corporation, or use long term leases. (Spouse owns property, foreigner leases it for 99 years).

I guess that's enough detail since I'm not a lawyer.

I can tell you plans don't always work out. And if a fellow decides  to throw in the towel on making a real estate income and move to another retirement location he might wish he had back his original citizenship.

Just a thought.

Again, I wouldn't advise anyone to take that action for the reason stated here.

I know you are intelligent and like to write, but please read also.

This has nothing to do with Puerto Rico, that statement was answering the statement about it being an irrevocable action. People have done and will continue to do unwise things for questionable reasons, you, me, and our governments know that..... I was suggesting the psychiatrist for a later argument of "not being of sound mind" if he tried to unrenounce later.

Also, coersion is an argument.... (self edit)

Dead horse already beaten beyond recognition.

Sorry I mentioned renouncing US Citizenship   You can do it but has to be through US Goverment officials, and reason I mentioned US Consulate before is because I live in Cebu where a US Consulate is located.  However, as I said, its absolutely not a decision to make lightly especially if you travel or plan to travel outside Asia...and once you do it, its pretty much irreversible.  I also mentioned there are illegal means to do this and people do it every day just as they bring in items to the Philippines bypassing customs, but if anyone wishes to go that route, please you  go ahead first and let me know how it works out for you. 

Anyway, there are alternate means other than straight up renting a house and lot, for living in a house and lot in the Philippines vs a Condo.  Regardless of the misinformtion out there, if you are not a Philippine Citizen you cannot own real property, as in Land.  But there is an alternate means for living in a house and lot other than renting if you want to own the house and lot to be "yours."  Through a Usufruct Agreement (UA) drawn up by an Attorney and made official by a court, you can lease a lot from a Filipino for 50 years (2 x 25 year leases). Within the agreement The Lessor should be unable to sell the property unless there is a mutual agreement betweenn both parties to do so.  Also included in the agreement should be wording to the fact that the Lessee is the sole owner of any or all improvements on the lot (e.g. house) and completely free to make any improvements, changes, demolitions, expansions, etc..to the structure as he/she sees fit during the course of the entire 50 year lease.  Any improvements to the lot as in house or any other structures are at the full discretion of the Lessee.  Additionally, the UA should include language that states that the Lessor is unable to place anything, build anything, etc...or require that the Lessee change anything to the improvements on that lot during the entire 50 year course of the UA.  So basically its YOUR house.  Its not that much different than owning a house in the USA if you never plan to pay off the 30 year mortgage...I mean who is the owner then?  You?  Try missing payments and you will quickly find out who the owner is.  Anyway its one method to own your own house and live in a house and lot without being married to a Filipina, and its all legal.  Yes, it might get complicated should the Lessor die, so choose someone young and conservative    Number 2 method is a little more questionable and risky. It involves starting a business but remember that a business requires that it be a majority of  Filipino owners.  And I would caution anyone trying to circumvent the law by setting up with dummy partners because that can involve stiff penalties and blacklisting by immigration.  Yes you can be prevented from entering the Philippines for life.  Anyway, I hope that helps.  Still doesnt get you real property but short of being married to a Philippines citizen, its as close as you can get LEGALLY.  However having said that...for someone intent on remaining in the Philippines for the remainder of his or her life and has concerns for losing property due to the possible death of their Filipino spouse then I think its very much worth considering taking a path to Filipino citizenship.  The normal process for Naturalization to become a Philippine Citizen requires renouncing your current citizenship and  takes 5 years of continuosly living in the philippines with the exception of teachers who can meet the residency requirement in 3 years.  There is one other path called Citizenship by Legislation but its rare and supposed to be reserved for those who have done something significant for the good of the Philippines, however, as of late we are seeing basketball players granted citizenship through this path.  Not sure what good they have done for the people of the Philippines however...I guess its all how you look at it, or how bad you want a player for your team...

Tedster wrote:

Sorry I mentioned renouncing US Citizenship ….. Through a Usufruct Agreement (UA) drawn up by an Attorney and made official by a court, you can lease a lot from a Filipino for 50 years (2 x 25 year leases). Within the agreement The Lessor should be unable to sell the property unless there is a mutual agreement betweenn both parties to do so. ...

@ Tedster - Very good post!!  There are a few details one must consider if they go this way.  Example: Be aware of the Title VI, CHAPTER 3, Art. 583. 

The question of a lease surviving the land owner?  One should not be concerned with Lessor death when the contract is properly constructed, no matter if it is 25 or 50 years total.

Still a very secure and legal effect can be reached in a contract (without the use of the Usufruct Agreement) with the land owner or lessor, which survives the death of the parties and continues to bind the heirs, except if the contract states otherwise.  Here the expat/foreigner must make sure it never states otherwise.

Proof - This concept has been clarified by the Philippine SC recently.  In Sui Man Hui Chan v. Court of Appeals,

"we held that: “A lease contract is not essentially personal in character. Thus, the rights and obligations therein are transmissible to the heirs. The general rule, therefore, is that heirs are bound by contracts entered into by their predecessors-in-interest except when the rights and obligations arising therefrom are not transmissible by (1) their nature, (2) stipulation or (3) provision of law. In the subject Contract of Lease, not only were there no stipulations prohibiting any transmission of rights, but its very terms and conditions explicitly provided for the transmission of the rights of the lessor and of the lessee to their respective heirs and successors."

The SC went on to state,

"The death of a party does not excuse nonperformance of a contract, which involves a property right, and the rights and obligations thereunder pass to the successors or representatives of the deceased."

Source: G.R. No. 179594, September 11, 2013.

In my view, you are "right on" regarding the other lease content and allowances you stated…  Good post sir….

Very informative post.

Legally Circumventing the spirit of property laws only becomes a problem when somebody with clout or power decides they want your land. Then life gets interesting.

Being a foriegner u can buy a condo or flat in ur own name either a bachelors pad or 2 or 3 bedrooms but u can not buy a landed property in ur own name unless u are married to locals.

ren22 wrote:

Being a foriegner u can buy a condo or flat in ur own name either a bachelors pad or 2 or 3 bedrooms but u can not buy a landed property in ur own name unless u are married to locals.

@ ren22,  Ma'am please understand that any unqualified statement(s) to uninformed foreigners can be seen as misleading or a ploy to provide services that will never be in the expat's favor.

Regarding condo in foreigner's name - This topic has been examined here extensively and unless a person includes a clear understanding of TCT/CCT's your statement is very misleading.

Regarding the use of the term "landed property" - This term in England/North America relates to a person holding property which can generate income while being leased to others.  In some areas it relates to large sections of land held in fee simple (a life estate).  Therefore, it has no clear meaning for an expat in the PI as you have used it.

Regarding names on title - It is my understanding that documents such as; OTC, or Original Certificate of Title, or a TCT, or Transfer Certificate of Title, will always have the owner described as a “Filipino citizen.”  When the foreign spouse is properly named on these documents, it will include "John Public, foreigner or foreign spouse". 

One must understand that the title can list a foreigner's name but that inclusion on title does not mean title "ownership" by the foreigner.  We all could have very different opinions or views on this topic but it does not matter what I want to happen or think should be.  This very fact was explained by the Philippine SC with the Feb 24, 2009 ruling in Borromeo vs. Descallar, G.R. No. 159310, where the ruling said, in part:

"It is settled that registration is not a mode of acquiring ownership. It is only a means of confirming the fact of its existence with notice to the world at large. Certificates of title are not a source of right. The mere possession of a title does not make one the true owner of the property…"

Regarding the legal capacity of an alien, to acquire land - The Supreme Court went on to state, "the transfer of land to Jambrich, who is an Austrian, would have been declared invalid if challenged, had not Jambrich conveyed the properties to petitioner who is a Filipino citizen.."

This shows that even if an expat found a local land office official to place his/her name on title as owner, it is still considered an invalid deed.  This action is only curable by the foreigner signing the property over to a filipino citizen.

I encourage all expats & related Filipino spouses to review this older case closely before they think all is fine with their current or future deed annotations.

Calif-Native wrote:

One must understand that the title can list a foreigner's name but that inclusion on title does not mean title "ownership" by the foreigner.  We all could have very different opinions or views on this topic but it does not matter what I want to happen or think should be.  This very fact was explained by the Philippine SC with the Feb 24, 2009 ruling in Borromeo vs. Descallar, G.R. No. 159310, where the ruling said, in part:

"It is settled that registration is not a mode of acquiring ownership. It is only a means of confirming the fact of its existence with notice to the world at large. Certificates of title are not a source of right. The mere possession of a title does not make one the true owner of the property…"

Regarding the legal capacity of an alien, to acquire land - The Supreme Court went on to state, "the transfer of land to Jambrich, who is an Austrian, would have been declared invalid if challenged, had not Jambrich conveyed the properties to petitioner who is a Filipino citizen.."

This shows that even if an expat found a local land office official to place his/her name on title as owner, it is still considered an invalid deed.  This action is only curable by the foreigner signing the property over to a filipino citizen.

I encourage all expats & related Filipino spouses to review this older case closely before they think all is fine with their current or future deed annotations.

That is a very clear example of the actual law on this topic, and would be well worth bringing it up every now and again to show how the LAW treats it, rather than how people interpret things themselves.

Its my understanding from what i read and was told , foreigners can only buy a condo here in the Phil. The complex units  has to be owned by a 60%  Filipino citizens. Foreigners also can not purchase a unit on the first floor of the complex since the floor unit touches Philippine soil, even though all you own in a condo is the air space. Foreigners also can not purchase land or a home sitting on there soil. Even if you marry a Filipina, the foreigner can put his or her name on title, but only as a token and gives you no ownership rights. Personally i will not purchase a condo here and choose to lease a furnished studio condo for 15,000 pesos per month. That way, i can pack my suitcase and move on with out any hassle. Also a foreigner who chooses to open a business here can only be a minority owner, and has to have a Filipino partner as his majority partner 60% 40%. Even though his majority partner did not put any money into the business. The Philippines is very restrictive on foreign land, home, and business ownership. I guess they are protective after all the foreign invasions over the years. If i am not correct with any of my statements i would like to be corrected from someone with more knowledge than myself.

scott1953 wrote:

…..Foreigners also can not purchase a unit on the first floor of the complex since the floor unit touches Philippine soil, even though all you own in a condo is the air space. Foreigners also can not purchase land or a home sitting on there soil. Even if you marry a Filipina, …..

The first floor condos or Townhouses are available to all foreign buyers as long as the remaining conditions are met for the CCT based purchase.  Condo/Town homes that are on a CCT consider the grounds common to all unit owners and therefore as long as the 40% foreign ownership is not exceeded, it meets the 60/40% requirements.  All foreigners in the Philippines can own a house or structure 100% without limits to ground floor, they just can't own the land the structures sit on.  The restrictions on first floor foreign ownership more relates to Thailand and or Cambodia. 

This is slightly off topic - However, Thailand is the only Asian country where only Americans foreigners can have a 100% foreign business/control if incorporated.   There is a seldom talked about but very long standing treaty called the U.S.-Thai Treaty of Amity and Economic Relations of 1833.   Here is where an American starts this process in Thailand:  http://export.gov/thailand/static/Treat … 055408.pdf

Interesting to read your remarks and gain more knowledge. I don't know if your a lawyer, but i feel that before i would purchase any real estate here i would employ a reputable real estate lawyer to  guide me in any transaction. Laws have a way of changing with time, and new administrations.Being a foreigner always puts one at a disadvantage .

It is good you found my few words informational.  FYI - I am attorney adverse and would be hard pressed to find one here in the Philippines I would trust.  Most that I have met or learned about are in a hurry to guide their way to the foreigner's bank account. 

The land sales system here is made complex by the many shortcuts people take to "save" every peso and yet, it is simple..  it is just that most sellers have not followed the system (often for generations).  If you go by the rule that all things/promises made must be in writing (in the notarized sales contract), all persons involved are alive (you check ID's & confirm), and all title related documents are obtained with certified copies of both sides (obtained within 48 hours of making your first payments), you and your Phil lady will be fine. 

Note: Typically, the TCT's here have the Bank or Mortgagor annotated on the back only.  If you fail to check this fact, you could buy property that is already encumbered, yet the certified copy of the front page did not show any encumbrances.  If this happens you become 100% responsible to pay the balance as the new owner, since the debt stays with the property.  Also when the mortgage is paid in full, it is the same back page of the TCT that gets a stamped release and authorized signature from the note holder.

A fellow American and his wife purchased .5 hectares last year here in Cavite to later find out that the seller's husband had been dead for 7+ years…. yet, somehow he was able to still place his name on the sales contract but was never available for any of the meetings.  This is a very common scam here.

After visits to 22 countries I made my retirement selection based on actual data that was used to balance my options.  I can't say my selection was based on the "best country".  Indeed, it was based on "least negative country" and my personal comfort levels.

Well written article with lots of helpful facts and information , thank you.

So one can own a house in the phillipines?  Condos are just so expensive.  I'm planning to retire there in a couple of years.  What do I need to do in order to get the exemption to ship household goods over and also be able to buy a house!!! Thanks in advance.

soldierslay2 wrote:

So one can own a house in the phillipines?  Condos are just so expensive.  I'm planning to retire there in a couple of years.  What do I need to do in order to get the exemption to ship household goods over and also be able to buy a house!!! Thanks in advance.

You can own a house or building but you can not own the land that it sits on. If you get married to a local then it can be in the locals name. Best thing to do is when first here for the first year or so it to rent/lease while you make sure you want to stay in the area that you choose. Being a 3rd world country there can be many reasons you would not want to remain in an area and those reason may not become known until you have been there for a while.

I don't have any knowledge on shipping exemptions. When I made the move I sold most everything and came with two suitcases and a carry-on bag. All housing needs such as furniture etc are quite low cost here and make shipping unnecessary in most cases.


Regards

Condos you can only own for 50 years... as others mentionted you wont the land either. Quite honestly btwn the risks of typhoons, landslires floods, earthquakes and taxes I have always said i will stick to renting. While in Western countries its not our thing, here its my suggested best bet.

Hi. I'm an Australian citizen. I receive a diability pension. I'm about to marry a filapina in palawan. I was hoping to buy house and land. However I have read briefly the explanation on that subject. So my next question is this. Except for the retirement visa. How do I get to live here full time in the Philippines as my soon to be wife does not want to move to Australia.

martinbrisbaneaustralia wrote:

Hi. I'm an Australian citizen. I receive a disability pension. I'm about to marry a filapina in palawan. I was hoping to buy house and land. However I have read briefly the explanation on that subject. So my next question is this. Except for the retirement visa. How do I get to live here full time in the Philippines as my soon to be wife does not want to move to Australia.

Hi Martin,

Looks like you're in for an adventure. The best and most low cost way is after you are married, your wife sponsors you for a permanent resident visa. I don't remember the initial cost but after it is granted your yearly cost is less than $10.00us dollars. You renew it each year and never have to leave the country.

By law u can not own land. Only structure around 200-300 square meters.

Hi! Yes, you can own a condominium unit in the Philippines. For business, you can enter a partnership with a Filipino Citizen.

@Dess73,
This topic has been reviewed many times and with your reporting to be a RE Broker, I am a bit stunned regarding your few words … words that mislead an expat.

1. You stated:  "You can own a condominium unit in the Philippines."

This is true but as a broker you are not informing the foreign expat that his/her ownership can only be accomplished if the Condo has a CCT.  Few people here tell the expat that many condos are with a TCT vs. CCT and when title is refused, the foreigner's deposit is nearly impossible to get back as the broker/agent suggest trust worthy local to be placed as the owner.

2. You stated:  "For business, you can enter a partnership with a Filipino Citizen."

This is true also but as a broker you are not informing the foreign expat that such a "partnership" upon investing more than P3,000 must be registered with SEC and is subject to certain limits and steps including but not limited to:

- SEC Recording with, the following additional requirements:
1. SEC Form No. F-105
2. Bank certificate on the capital contribution of the partners
3. For foreign partners who want to register their investments with the Bangko Sentral ng Pilipinas, proof of the remittance.

And meet other requirements found under Art. 1767 of The Philippine Civil Code.

This is why such sites as we have and enjoy here are very watchful for offers filled with half-explained "help/opportunities" that seem to target the expat's bank account.  Is it possible that the locals that suddenly join and offer help (help that = income to them), will ever be taken seriously.  As a broker, you have a chance to potentially help a few expats but that chance is greatly reduced when any person offers misleading paths to homes and land to the expats.

I think you will find the Australian government will not pay a disability pension indefinitely if your living outside of Australia.

Forgive me for my brief answer but FYI it is not my intention to mislead expats nor am I after their money. Condominiums issue CCT (Condominium Certificate of Title) given after signing the Deed of Absolute Sale and full payment of the condo. I have Korean client who has a business in the Philippines and entered into a partnership with his Filipino-Chinese friend. What I knew is the business was registered sole proprietorship in BIR but they have a written contract notarized by their lawyers that both of them are the owners of that business. Thus, SEC is not involved anymore.

@Dess73,
It is good to hear your intentions are honorable.  However, your response here speaks volumes to the intentional misleading that expats are exposed to here.  Now lets just focus on the accuracy and clarity of your post this week.  Regarding Condos and CCT vs. TCT:

Please understand that what you just shared is in direct violation of the SEC and the Constitution of the Philippines.  A lawyer does not have the power or authority to circumvent the law and make a side agreement declaring ownership of a foreigner in a business that is not allowed under your Philippine laws.

Did the lawyer/attorney discuss the Philippine Anti-Dummy Law with you or the foreign partner? 
Do you as a broker understand the Philippine Anti-Dummy Law?

Just because a lawyer did this, does not make is legal, ethical or moral for the expat to be lead down this wrong path!!   

To suggest such; as if to offer to assist in such, does not speak well for a licensed Philippine RE Broker, such as yourself.

Here is a portion of my post 2 years ago on this very topic:

"It does not matter what RE Sales agents say here or how incomplete some of the answers may be.   

If the property (condo/townhouse w/common grounds) has a CCT and all other conditions are met = a foreigner can own the structure 100% and have annotated references on the title.

Note:  Not all condos are CCT, many are TCT and not convertible,  so don't be mislead by those telling you that you can buy any condo.

If the property is a single family house and or raw land, it is a typically a TCT = No new foreign human ownership allowed after 1935.

I am not aware of any raw land that can be sold under a CCT and all new ownership titles on such newly purchased raw land will be issued a TCT."

Again, not all condos are held with a CCT.  Many are TCT and your post here in 2017 makes it appear all condos are CCT and able to be owned by a foreigner.  This is very misleading!

A Transfer Certificate of Title (based on either a Deed of Sale or Deed of Absolute Sale) is for the property title of land as well as the air space therein and can be (with or without a structure built on it).  This must include it's geophysical location, measurement, registration number and name of the owner.

To conclude - Here is an FYI:  Any person caught violating the Anti-Dummy Law, can receive a jail sentence from 5-15 years or receive a large fine.  ANY Non-Citizens and Filipino citizens who engaged in a dummy arrangement will both be held liable.

Please avoid misleading expats on this forum. Regards

Calif-Native ~ Good post. It appears as if this real Estate person shares the same poor ethics and morals as many Filipino lawyers do. It's a shame that people like this even exist, and con unsuspecting expats with their scams.

Hello Calif-Native, I enjoy reading your clarifications and appreciate your knowledge you share here with other ex pats so we are not taken advantage of. They do have a tendency of sugar coating important facts that  have a big financial impact on us. Thank you.

Hi Scott1953, You are very welcome.  Just a few years back an expat friend lost P240K to a scamming seller of a lot here in the Tagaytay area (even after my warnings), so I hope to never see or hear of that happening again.

Hi there my name is Sam
Let me get this if I get retirement Visa I do not have to pay any import tax, and if am to work there means no Tax I need to pay? I am in process of get thing 13A Visa, is this no Tax for imports??
what will be best for me to do, as I will like to bring my bike across to Philippines and sone house hold
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@Sam,

You have touched on a few different elements of different visa types and mixed a few features.

1. An SRRV is one type of visa and can be obtained as a single or married person.  This visa is processed thru the PRA only and not via the normal BI offices or forms.  The PRA typically talks about 4 types and the requirements/USD $$ amounts required to be deposited.  You may want to review all of this at:  http://www.pra.gov.ph/main/retiree/active

2. The 13 series visa all carry select benefits (13A, 13D, 13E or 13G visa). The 13A is for a person with a Filipino spouse in which that spouse "Sponsors" the expat.  Once you have the 13A Visa, you are eligible for a FULL EXEMPTION of importation of HHG (House Hold Goods). 

You need to be very careful with the rules on vehicle shipments and how you list a vehicle such as a MC* within your HHG and the listed value in order to remain "EXEMPTED FROM CUSTOMS DUTIES AND TAXES."

Ship under the spouse – Holder of Philippine passport….. to place the shipment as under the “Balikbayan Visa”.

Know the by shipment rules:
– Each is entitled to exemption allowance of P10,000.
– Has stayed abroad for a continuous period of six (6) months or even 12 months or more.
– Any excess over the total exemption allowance are subject to 50% duty and 12% tax.

Note:
*You need to do more research based on:
1.  Your country (Australia) and how the title of your Motorcycle is held and for how long it has been held that way.

Example: Is the MC title & registration listed in both names as "and" or is it listed with an "or"… and has it been listed that way for over 6 months?

2.  If still allowed, the importation of second-hand motor vehicles and motorcycles were regulated by the Bureau of Import Services (BIS) of the Department of Trade and Industry under the No-Dollar Import (NDI) of Motor Vehicle Program.

My posted info here is dated so please do your own deeper research and try to confirm all of your needs/answers from sources like what I listed below (this contact info is also old and may need more research on your part):   

Ms. Gemma Sarmiento
Bureau of Import Services
Department of Trade and Industry
Manila, Philippines
Tel: 011-63-2-890-5333 (local 336)
Fax: 011-63-2-896-4430
e-mail: iad_bis@yahoo.com

Best wishes and keep the shiny side up!

Hi here, my name is Sam
I have been reading your comments here, I take it you have been here for long time and you must have been through a lot, some good and some not so, you must be  enjoying your stay that is great.
I build a house in Matalusad Concepcion, 2 storey, 4 bed rooms and 3 bathrooms, but not are huge house 240sqm, with summer or dirty kitchen, carport, fences and gates, to make is short, I had verbal contract with builder. he give me estimate, we had agreement and works started, few month in to it we had go back to Melbourne as we wanted our baby to be born there, great idea and good for baby.
the house was left to him to do what we have agreed to, and yes I have been trusting him 100%, and been sending cash every time he asked for it, when we come back house should have been finished, but found not and long way of finishing, when I asked why he said no budged, but by then I payed I'm in full, this is when things did not look good for me, did a visit to barangay captain, we had meeting he promised that he will finish house in 2 months, but all he did is only one thing, back to captain again, he kind of had a talk to them not sure about that too but have been tolled, I made decision to see At try well we have filed legal complaint, we did go to Tarlac for hearing 3 times, now they made decision for us to have court case for our outcome, well as you know all this is not cheap to do, I found my self with not many choices but to go with it all the way and see how it will play out, this is my first encounter with such a problems in Philippines, but in all this Builder been ling to every one, I mean there is no even a building permit for the house, even the City Hall are corrupt, when I went to ask for my permit my name and address are not been registered for permit, then they said they had water destroying my file, but most documents are they apart from building permit, sad to say my Wife was not familiar with the procedures in her own Country, all this is  new to her/
But we stuck through thick and tin, are we stronger for it, I think we are, but I lost all my trust in the system here and the people, I do not believe any one or any thing here or what they say, it is hard to be this way, where I am a nice person and will never do bad to any one, I always believed treat others as you like them to treat you, by the way this dos not apply in Philippines.
Like to know what can you say about this, and if you ever need more info I will give it to you, even email I am fine with it..

@ Sam,
Wow, sorry to hear about your trip into a less than happy place.  I have only been in the PI 4+ years but after 5 years of travels to many countries, I based part of my retirement to the Philippines on targeted research on the laws here.  I just did not want to invest my time and retirement in a location where the laws were not in English.

In my post below, I will give you my opinions and you should not take this as any form of legal advice at all! 

- I am not now, never have been, nor will I ever be an officer of the court (aka attorney).- 

Some of my comments are a bit to late to be of specific help but may give you or others an advantage the next time.

1.  Always start with a contract in English (english is the legal language of the Philippines).

2.  If possible get a geodetic survey that goes along with your building permit.  The permit is required by law to be posted on the build site.

3.  Make sure your lot/TD (tax declaration) is updated and that once you have a occupancy permit, you update your TD to include the new structure.

4.  Try to review all the laws you can on "Estafa".  Here in the PI, Estafa is "committed by a person who defrauds another causing him to suffer damage, by means of unfaithfulness or abuse of confidence, or of false pretense or fraudulent acts." 

Study and try to learn this on your own with your spouse.  Take every word that I have shared here and make sure you feel it is accurate before you act in any way.  Here is info that may help:

What is Estafa in the Philippines (Article 315, par. 2(a) of the Revised Penal Code)?

"The elements of the crime of estafa under the foregoing  provision are:
(1) there must be a false pretense, fraudulent acts or fraudulent means;
(2) such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud;
(3) the offended party must have relied on the false pretense, fraudulent act or fraudulent means and was thus induced to part with his money or property; and
(4) as a result thereof, the offended party suffered damage.”

Consider deep research on estafa as you proceed on this path.  Be prepared to construct your complaint based on clearly stating the elements in 1-4 above and have as much proof as possible ready to present when the timing is correct.

5.  Do all that you can WITHOUT an attorney, if possible.  Have an informed talk with the Prosecutor's office as this could be listed as a crime where it is the "The People of the Philippines vs. ______." and very little cost to you. Your spouse is key to getting a case to be filed under estafa.

I truly wish you and your spouse the very best in this recovery from estafa to where you can finish and enjoy your new home.

Good advice by Calif Native.