The Legal Side of Real Estate

[nursefatso]

sa abugado, minsan pwede rin sa sekretarya ng notaryo publiko. pwede ka rin pumunta sa PAO o di-kaya sa Legal Aid Clinic ng mga law school.

 

Salamat po sir

[atty. 190e]

hello po may expiration ba ang isang deed of absolute sale if di pa inaaplyan ng CAR sa BIR?

example, nov 2018 ung sale, tapos up to now di pa pinapasok sa BIR for issuance of CAR?

 

None, but meron na penalties

[rocco69]

ilang days po allowed after deed of sale

para walang penalty,

wala pa po CAR.

 

The Capital Gains Tax Return (BIR Form No. 1706) shall be filed and paid within thirty (30) days following the sale, exchange or disposition of real property, with any Authorized Agent Bank (AAB) or Revenue Collection Officer (RCO) of the Revenue District Office (RDO) having jurisdiction over the place where the property being transferred is located.

[rocco69]

Situation: 1) illegal settlers occupied our lot for several years up to now. 2) Assessor issued tax declarations because of a 'census' back in 1990s where any structure or improvement is to be assessed and be issued tax declaration. 3) they are using the tax declarations as if they are legal possessors. 4) taxes were and are not being paid until now from 1990s up to now.5)tax declarations issued to them only shows they are the declared owners of the structure but the lot is declared under our title. 6) no building permits or any other docs were submitted for the issuance of the tax declarations. 7)lot owner not allowed to enter the lot 8) they used it as evidence sa case 9) tax declaration covering a small portion of the lot but they are using it to occupy the entire lot. 10) illegal activities are done on the lot (selling of the soil).

Questions: 1)can owners request the tax declarations be canceled from the assesors office without demolishing the buildings? 2) treasurer or assessors obliged to auction or take action if certain number of years of unpaid taxes are found? 3)what can be done if assessor does not want to cancel? Can i put that we will report to obudsman also? TIA

1)can owners request the tax declarations be canceled from the assesors office without demolishing the buildings?

Yes, but I doubt if the Assessor will take action on the matter. Requesting is different from the issue of whether or not the Assessor will exercise its power to cancel tax declarations" (the answer should be yes, the power to issue tax declarations includes the power to cancel issued tax declarations, but Assessors seem reluctat to act without a Court order to do so)

 

2) treasurer or assessors obliged to auction or take action if certain number of years of unpaid taxes are found?

Assessors should recommend the auction of delinquent properties, but this would stil be up to the Sangguniang Bayan/Panglungsod/Panlalawigan concerned.

 

3. 3)what can be done if assessor does not want to cancel?

In all probability, you'll have to go to a higher authority, the courts

 

4. Can i put that we will report to ombudsman also?

Yes, you can put whatever you like in your letter request to the Assessor. Whether the Ombudsman will act on the latter if the Assessor's action is not to your liking is, again, a different matter.

[acryan2000]

Up

[rocco69]

thanks sir Roco.

 

regarding

1) i asked another city's assessor and they acknowledge that there were tax dec issuances before 1990s that even if the owners of the improvements do not have legal docs they issue out tax decs and also the other city's assessor also said that they will do action if proven that they are illegal settlers and do not have docs to back up the tax dec. no courts needed.

so my question again is if this is the reply of the assessor of the other city, should not all assessors have the same ruling? as they should be standard?

 

2) i asked that city's assessor and they said that the deliquent properties for auction is set to be automatic not sure if that is the case for all cities which should be diba?

 

3) can we report it to the mayor?

does the mayor has the right to order the assessor?

4) would it be considered threat if i include in my request letter that i will also report to the ombudsman?

2. i asked that city's assessor and they said that the deliquent properties for auction is set to be automatic not sure if that is the case for all cities which should be diba?

 

Ooops, verified with the Local Government Code. It appears that it is mandatory for the Treasurer to levy on delinquent real property. so, yes, this should. theoretically, be automatic.

 

Section 258. Levy on Real Property. - After the expiration of the time required to pay the basic real property tax or any other tax levied under this Title, real property subject to such tax may be levied upon through the issuance of a warrant on or before, or simultaneously with, the institution of the civil action for the collection of the delinquent tax. The provincial or city treasurer, or a treasurer of a municipality within the Metropolitan Manila Area, as the case may be, when issuing a warrant of levy shall prepare a duly authenticated certificate showing the name of the delinquent owner of the property or person having legal interest therein, the description of the property, the amount of the tax due and the interest thereon. The warrant shall operate with the force of a legal execution throughout the province, city or a municipality, within the Metropolitan Manila Area. The warrant shall be mailed to or served upon the delinquent owner of the real property or person having legal interest therein, or in case he is out of the country or cannot be located, the administrator or occupant of the property. At the same time, written notice of the levy with the attached warrant shall be mailed to or served upon the assessor and the Registrar of Deeds of the province, city or municipality within the Metropolitan Manila Area where the property is located, who shall annotate the levy on the tax declaration and certificate of title of the property, respectively.

The levying officer shall submit a report on the levy to the sanggunian concerned within ten (10) days after receipt of the warrant by the owner of the property or person having legal interest therein.

 

Section 259. Penalty for Failure to Issue and Execute Warrant. - Without prejudice to criminal prosecution under the Revised Penal Code and other applicable laws, any local treasurer or his deputy who fails to issue or execute the warrant of levy within one (1) year from the time the tax becomes delinquent or within thirty (30) days from the date of the issuance thereof, or who is found guilty of abusing the exercise thereof in an administrative or judicial proceeding shall be dismissed from the service.

 

Section 260. Advertisement and Sale. - Within thirty (30) days after service of the warrant of levy, the local treasurer shall proceed to publicly advertise for sale or auction the property or a usable portion thereof as may be necessary to satisfy the tax delinquency and expenses of sale. The advertisement shall be effected by posting a notice at the main entrance of the provincial, city or municipal building, and in a publicly accessible and conspicuous place in the barangay where the real property is located, and by publication once a week for two (2) weeks in a newspaper of general circulation in the province, city or municipality where the property is located. The advertisement shall specify the amount of the delinquent tax, the interest due thereon and expenses of sale, the date and place of sale, the name of the owner of the real property or person having legal interest therein, and a description of the property to be sold. At any time before the date fixed for the sale, the owner of the real property or person having legal interest therein may stay the proceedings by paying the delinquent tax, the interest due thereon and the expenses of sale. The sale shall be held either at the main entrance of the provincial, city or municipal building, or on the property to be sold, or at any other place as specified in the notice of the sale.

Within thirty (30) days after the sale, the local treasurer or his deputy shall make a report of the sale to the sanggunian concerned, and which shall form part of his records. The local treasurer shall likewise prepare and deliver to the purchaser a certificate of sale which shall contain the name of the purchaser, a description of the property sold, the amount of the delinquent tax, the interest due thereon, the expenses of sale and a brief description of the proceedings: Provided, however, That proceeds of the sale in excess of the delinquent tax, the interest due thereon, and the expenses of sale shall be remitted to the owner of the real property or person having legal interest therein.

The local treasurer may, by ordinance duly approved, advance an amount sufficient to defray the costs of collection thru the remedies provided for in this Title, including the expenses of advertisement and sale.

3. can we report it to the mayor? Yes

 

does the mayor has the right to order the assessor? The treasurer, not the assessor.

 

4) would it be considered threat if i include in my request letter that i will also report to the ombudsman? yes, but it's a legal threat.

[rocco69]

Great advice! Thank you.

 

I am planning to sell a small condo I have and then buy a piece of land.

My condo is probably about P10M, but the land I'm buying is only P8M, but I plan to build a house on the land.

How is the capital gains going to be calculated on this scenario?

 

 

capital gains tax is paid by the seller. the amount of tax is 6% of the selling price, or market value, or zonal valuation, whichever is higher.

[wildswans]

Hi Sir. I have some questions. My grandfather transferred the name of some of his properties to his eldest son's (my uncle) name because he is the only one who is a Filipino citizen at that time among his siblings. After my grandfather passed away, the eldest son refused to share the properties to his less fortunate siblings (aunts and uncles) because he said it is in his name so he is the rightful owner. After the eldest son died, his children (my cousins) also refused to share the property saying that since it is in their father's name it belongs to them. Is there still a chance for the other siblings to get their share even if the property is in their eldest brother's name or is it impossible already? If there's still hope, what can they do?

Edited August 16, 2019 by wildswans

[rocco69]

Hi Sir. I have some questions. My grandfather transferred the name of some of his properties to his eldest son's (my uncle) name because he is the only one who is a Filipino citizen at that time among his siblings. After my grandfather passed away, the eldest son refused to share the properties to his less fortunate siblings (aunts and uncles) because he said it is in his name so he is the rightful owner. After the eldest son died, his children (my cousins) also refused to share the property saying that since it is in their father's name it belongs to them. Is there still a chance for the other siblings to get their share even if the property is in their eldest brother's name or is it impossible already? If there's still hope, what can they do?

if more than ten years has elapsed since the eldest son died, the action would clearly have already prescribed. Di na pwede habulin, pag ganun.

[CDDIAMZON]

Good day!

I opted to exercise my right under the Maceda Law and currently waiting for the release of the check refund. I made a follow up and I was surprised that the developer required me to settle the following as a requirement in order for them to process the check. HOA, RPT, BLDG INSURANCE. Definitely I will not be able comply with the payment since I am not capable due to financial constraints and health conditions which is the main reason of availing the Maceda Law refund so I can start again on my feet. Hoping for your enlightenment so I can revert back to the developer. Thanks and God Bless!

[rocco69]

Good day!

I opted to exercise my right under the Maceda Law and currently waiting for the release of the check refund. I made a follow up and I was surprised that the developer required me to settle the following as a requirement in order for them to process the check. HOA, RPT, BLDG INSURANCE. Definitely I will not be able comply with the payment since I am not capable due to financial constraints and health conditions which is the main reason of availing the Maceda Law refund so I can start again on my feet. Hoping for your enlightenment so I can revert back to the developer. Thanks and God Bless!

The additional requirements of the developer are not provided for by law, hence may be invalid. I suggest you call HLURB and inquire there as to what is the policy or view of HLURB regarding these additional requirements.

[wildswans]

if more than ten years has elapsed since the eldest son died, the action would clearly have already prescribed. Di na pwede habulin, pag ganun.

 

Thank you, Sir. The eldest son died more than 10 years ago. The eldest daughter passed away two weeks ago and in that occasion the "bunso" filled me in with some information which piqued my curiosity which led me to ask about it. Thanks again.

[die01]

I paid for 40 months sa bahay na kinuha ko sa isang developer, but ngkaproblema and 40 months na din akong nde nakakapagbayad.Magaapply pa din ba ang Maceda Law dito? Thanks sa sasagot.

[die01]

I paid for 40 months sa bahay na kinuha ko sa isang developer, but ngkaproblema and 40 months na din akong nde nakakapagbayad.Magaapply pa din ba ang Maceda Law dito? Thanks sa sasagot.

[rocco69]

I paid for 40 months sa bahay na kinuha ko sa isang developer, but ngkaproblema and 40 months na din akong nde nakakapagbayad.Magaapply pa din ba ang Maceda Law dito? Thanks sa sasagot.

yes

[die01]

yes

How to apply for it?

[rocco69]

How to apply for it?

wait until your developer demands that you pay the missed payments , then inform them you are no longer interested in buying, and demand the refundable amount; OR

inform them you are no longer interested in buying, and demand the refundable amount;

[rocco69]

question po,

who has the better right to possess a lot?

owner of lot who has a title that bought the lot with illegal settlers (claiming they are legal tenants) on it.

bale owners do not have prior possession. since they bought the lot knowing may issue.

or

illegal settlers who has tax declarations only for their improvements issued by assessors thru tax mapping and not thru proper filing of the building requirements

and had stayed there for more than 10 years?

but has not paid any improvement taxes since the tax declarations had been issued.

Yung may titulo. Kahit alam nilang may illegal settlers yung lupa nung binili nila, dahil illegal settler nga, walang karapatan itong mga settler na ito.

Sa ilalim ng Torrens system ng pagpapatitulo ng lupa, hangga't may Torrens title yung lupa, hindi ito magiging pag-aari ng iba sa pamamagitan lang ng matagal na pagtira sa lupa. Kahit isandaang taon na sila run, hangga't may Torrens title yung lupa, mas may karapatan yuug taong nakarehistro sa titulo bilang may-ari nito

[jojo67]

there is a property being offered to us. the tct is under the name of a corporation and the taxdec is also under the name of the corporation. the corporation has already been dissolved or abandoned. the occupant has an existing deed of absolute sale from the corporation but the notarized deed of sale has been consumated more than 20yrs ago. the owners copy of the title was lost and the rd copy of the title was burned during the fire of qc rd. the property has a levy from the govt of 10m. how do you buy this if you are interested?

[boypopoi]

Greetings to all and Many thanks in advance.

 

May farm kasi na pinamana ng mga lolo sa 16 na magpipinsan. Na hati na yung 16 and may individual title na yun lahat.

 

Ngayon yung isa dun sa 16 na magpipinsan, nag rush sale nung lot niya.

 

Lot appraisal 5m (low) - 7m (high)

 

binenta nung isang pinsan yung sa kanya ng 3.5m without the knowledge of all other cousins.

 

1. Will this affect yung pricing nung lots nung 15 other cousins?

2. If yes it will affect, is there any action we can take against the cousin that brought down our property's value?

 

thanks

[rocco69]

there is a property being offered to us. the tct is under the name of a corporation and the taxdec is also under the name of the corporation. the corporation has already been dissolved or abandoned. the occupant has an existing deed of absolute sale from the corporation but the notarized deed of sale has been consumated more than 20yrs ago. the owners copy of the title was lost and the rd copy of the title was burned during the fire of qc rd. the property has a levy from the govt of 10m. how do you buy this if you are interested?

walang problema kung yung notarized Deed of Absolute Sale ay more than 20 years ago, may bisa pa rin naman ito.

 

ANG PROBLEMA MO YUNG NAWAWALANG TITULO, both from the seller's side at yung sa Register of Deeds na side.

 

First, paano mo maililipat sa pangalan ng buyer yung titulo kung wala yung owner's copy at RD copy.

 

Kailangan ma-reconstitute muna yung nasunog na titulo. Ito ay sa pamamagitan ng pagsampa ng petisyon sa RD para maglabas ito ng bagong titulo (kapalit sa nasunog). Ang problema, ang kailangang ebidensya para dito ay ang kopya ng titulo na nasa may-ari (na sabi mo ay NAWAWALA RIN!)/ Kung may utang sa bangko, pwede ang kopya na huwak nung piankakautangan (pero malabo din ito dahil lampas 20 taon na yung Deed of Sale, baka walang utang yan).

 

Tapos, kung ma-reconstitute mo yung title (sa pamamagitan ng HIMALA), magsasampa ka naman ng petisyon sa korte para ma-isyuhan ng bagong Owner's Duplicate Copy (kapalit sa kopya nung may-ari na nawawala) PERO ANG DAPAT MAGSASAMPA NITO AY ANG REHISTRADONG MAY-ARI (na ayun sa kwento mo ay isang kumpanyang dissolved na). Sino ngayon ang magsasampa?

 

Kung, sa pamamagitan ng isa pang HIMALA, ay nakakuha ka ng bagong duplicate owner's copy, problema mo naman yung sinasabi mong levy of 10M. Ano ang levy na ito, at bakit nagka-levy yung lupa? Baka sa katapusan, ang may-ari na pala nung lupa ay ang gobyerno at useless ang pagbili mo nito [nangyari sa kalaban ko he he he nakipagcompromise sa amin, binayaran kami, tapos nalaman-laman namin, nailit na pala yung lupa ng Province dahil sa hindi pagbabayad ng amillar, tawa lang namin]

 

SA HULI, ang advise ko , MAHIRAP PUMASOK SA GANYANG USAPIN!

Edited November 23, 2019 by rocco69

[rocco69]

Question again.

If a property was sold and registered or transferred only after 7 years.

Will other parties excluded in the sale be able to contest to the sale or question the validity of the sale after 10years?

10 years counting from what? the sale? the registration of the sale? at sino ang seller? bakit may excluded? sino sila? ano ang karapatan nila sa property? ano ang property? titulado ba o hindi? DAMING KATANUNGAN KASI KULANG DETAILS NG KWENTO.

Edited November 23, 2019 by rocco69

[rocco69]

Greetings to all and Many thanks in advance.

 

May farm kasi na pinamana ng mga lolo sa 16 na magpipinsan. Na hati na yung 16 and may individual title na yun lahat.

 

Ngayon yung isa dun sa 16 na magpipinsan, nag rush sale nung lot niya.

 

Lot appraisal 5m (low) - 7m (high)

 

binenta nung isang pinsan yung sa kanya ng 3.5m without the knowledge of all other cousins.

 

1. Will this affect yung pricing nung lots nung 15 other cousins?

2. If yes it will affect, is there any action we can take against the cousin that brought down our property's value?

 

thanks

1. Will this affect yung pricing nung lots nung 15 other cousins? No. The other 15 cousins can price their own property any value they want. It's their property, in the same manner that your cousin can sell his property for whatever price he wants. IT IS HIS PROPERTY.

 

Will this affect the market value of the properties? It might, as buyers may now claim that the market value of the property is actually around 3.5M, not 5M to 7M as claimed by the appraiser. Unfortunately, however, this is laws of economics, not laws of the Republic.

 

2. If yes it will affect, is there any action we can take against the cousin that brought down our property's value?

 

Yes, you can ostracize him, not invite him to parties and family get-togethers.

 

Legally, Wala. It is his property, HE CAN SELL IT FOR WHATEVER PRICE HE WANTS. HE COULD EVEN HAVE GIVEN IT AWAY FOR FREE, and you guys would have no right to object (his children possibly could, but only after his death, on the ground that it affects their inheritance. But that is a different story).

[rocco69]

sir roco,

here are the details

sale year 2000 date sa deed of sale registered 2007

third party are the possessor or illegal settlers.

titled lot

may right ba ungkatin ni illegal settlers ung mga details ng deedof sale? like kung legal ung transaction etc thnx

Technically, no. Not being parties to the contract, they cannot question the same, more so that they have no right to the property.

 

However, if the buyer files ejectment cases against the occupants, the occupants will probably question his right to do so by attacking the Deed of Sale in the buyer's favor. But again, not being parties to the contract, their arguments would probably be disregarded by the Court.

 

notably, late registration of a Deed of Sale does not affect its validity, but will affect the tax liabilities due on the sale of the property.

[rocco69]

You file a petition in Court for amendment of the certificate of title (Sec. 108, PD1529).

 

Whether single owner or co-owner ang papalitan, petition sa korte pa rin.

 

Ang gastos, depende sa singil ng abugado

 

hello po what is the process to change maiden name of title holder to married name? may difference ba if co-owner ung papalitan ng name and mga how much? kelangan pa ba dumaan sa court?