legal Free Legal Advice

[oliverjohnholmes]

let's say a person was charge with a crime he didn't do. the complainant, together with some cops arrived as this person's place and arrested him without a warrant while the complainant punch the person and the person's buddy. the person had undergo medical examination on his wound. the person is detained right now waiting for the scheduled court hearing. can he file a law suit against the complainant who punched him at the same time his case is still active?

<{POST_SNAPBACK}>

 

firstly, what is the scheduled hearing for? i would think for arraignment...you may have the option to have the matter reinvestigated but this would mean a little more time in detention...in reinvestigation, your friend may then include the circumstances of the unlawful arrest and the less serious injuries he sustained therefrom...

[wildswans]

 

firstly, what is the scheduled hearing for? i would think for arraignment...you may have the option to have the matter reinvestigated but this would mean a little more time in detention...in reinvestigation, your friend may then include the circumstances of the unlawful arrest and the less serious injuries he sustained therefrom...

<{POST_SNAPBACK}>

 

i think for arraignment na. they're hoping that the complainant won't show up coz the person didn't commit the crime...frame up lang.

 

thanks for the info.

[oliverjohnholmes]

i think for arraignment na. they're hoping that the complainant won't show up coz the person didn't commit the crime...frame up lang.

 

thanks for the info.

<{POST_SNAPBACK}>

 

whether the complainant shows up or not, arraignment would still prosper and the case would still be heard... the central character in the arraignment is the accused, and judicial process now takes over from the private complainant... as such, even if the complainant is not present, the presence of the public prosecutor (fiscal) suffices as representation for the plaintiff side... now, your friend's counsel may have two options available: a. move for reinvestigation and hopefully at reinvestigation, since you do say that complainant would not appearas it appears it is a 'frame-up", your friend's lawyer may move for default and/or have the case dismissed for failure to prosecute at the prosecutor's level at reinvestigation... Or b. at the arraignment, or anytime before that, have the private complainant issue an affidavit of desistance so that there would be no need for any further process...

 

the absence of the plaintiff would not ensure the dismissal of the case... what is imperative is the submission to the court with jurisdiction over the matter of either a pleading or act which shows withdrawal of the complaint by the private party...though the case may still prosper especially if the charge is a malum prohibita law but since you did say there is a private complainant, then maybe the case would just be a blemish on his record...

 

i hope this helps...

[jerk]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa? puede rin ba mag may-ari ng lupa? any restrictions?

[hitomi]

the rule of thumb is caveat emptor which roughly translated is buyer beware...

 

if one totally relies on the representations of the buyer, and if the promises are too good to be true, then most often the transaction isn't true to its promises...so a simple investigation with the Register of Deeds where the property is located (usually the office is in the munisipyo of the town or city where the property is) to determine basic things: ownership, location and annotation...ownership determines if the seller is the owner or has certain rights vested upon him/her to sell the land...these rights maybe as an agent or co-owner of the property...if the named owner of the property is different from the seller and the seller fails to substantiate his/her authority, then that fact should put you on the defensive...secondly, location...see if the TCT No of what is being sold you is of the same dimension, and location as the one in the RD's files...many a time, a photocopied TCT of a particular land for sale dupes when after payment and re-titling the buyer finds out that the supposed land sold is of a different size or location...thirdly, annotation is the fact that any encumbrance (or obligation) attaches to the land...this includes a mortgage...the annotation is a written description of the obligation at the back of the title ( lien and/or encumbrance)...banks usually have properties for collaterals annotated...now by seeing the RD copy, one can determine the risk one undertakes in buying mortgaged property...by investigating with the mortgagor (which usually is a bank) one can determine if the owner/seller is in default or is in good standing as to his mortgage...by doing such investigation, the buyer can determine if what he buys doesn't eventually fall from the weight of the mortgage on the property...thus avoid losing all the money paid and the property purchased or the assumption of a loan which may or may not have been fully explained to the seller...

 

as far as i can read, now is a buyer's market, it would be safer on the investment aspect to purchase properties free from any lien or encumbrance...just my two cents...

<{POST_SNAPBACK}>

 

hi, thanks again for the info, its a big help. chaka nalang ulit ako magtatanong para makapahinga muna kayo hehe :cool:

[bonito99]

bakit pare?

<{POST_SNAPBACK}>

 

Obviously, these petitioners have no clear legal right for such relief.

Re: petition ad cautelam for injunction and application for tro.

[council]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa?

 

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

 

puede rin ba mag may-ari ng lupa? any restrictions?

<{POST_SNAPBACK}>

 

 

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad without any restriction. There are also no restrictions in occupying or renting the unit.

 

 

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

 

 

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

[council]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa?

 

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

 

puede rin ba mag may-ari ng lupa? any restrictions?

<{POST_SNAPBACK}>

 

 

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad without any restriction. There are also no restrictions in occupying or renting the unit.

 

 

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

 

 

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

[council]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa?

 

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

 

puede rin ba mag may-ari ng lupa? any restrictions?

<{POST_SNAPBACK}>

 

 

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad without any restriction. There are also no restrictions in occupying or renting the unit.

 

 

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

 

 

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

[council]

sorry po sa multiple post, nag-error kse dito sa pc ko and ndi nag-reflect ung unang post until recently.

 

apologies po.

 

would delete the extra posts if i could...

[fauxhead]

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad  without any restriction. There are also no restrictions in occupying or renting the unit.

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

<{POST_SNAPBACK}>

 

I digress.

 

Foreigners are allowed to inherit land. By express provision of the constitution under Article XII, Section 7 which 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."

 

Clearly, the proscription on foreigners owning land admits of an exception, i.e. by hereditary succession.

 

Another exception to foreigners owning land is expressed in a subsequent provision.

 

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

 

For its limitations, see Batas Pambansa 185.

[jerk]

thanks for the reply council and fauxhead, kaso lalo ata ako naguluhan. sir fauxhead sa sinabi mo pwede i-transfer ng lolo ko sa akin ang title ng isang lupa? and is there such a thing as foreign investment act of 1991? may nakapagsabi kasi sa akin yesterday kaso ndi ko alam kung totoo.

[council]

thanks for the reply council and fauxhead, kaso lalo ata ako naguluhan. sir fauxhead sa sinabi mo pwede i-transfer ng lolo ko sa akin ang title ng isang lupa? and is there such a thing as foreign investment act of 1991? may nakapagsabi kasi sa akin yesterday kaso ndi ko alam kung totoo.

<{POST_SNAPBACK}>

 

 

http://www.chanrobles.com/default8fia91.htm

 

FOREIGN INVESTMENTS ACT OF 1991

[Republic Act No. 7042]

AN ACT TO PROMOTE FOREIGN INVESTMENTS,

PRESCRIBE THE PROCEDURES FOR REGISTERING ENTERPRISES

DOING BUSINESS IN THE PHILIPPINES AND FOR OTHER PURPOSES

SECTION 1. Title. - This Act shall be known as the "Foreign Investments Act of 1991."

 

SEC. 2. Declaration of Policy. - It is the policy of the State to attract, promote and welcome productive investments from foreign individuals , partnerships, corporations, and governments, including their political subdivisions, in activities which significantly contribute to national industrialization and socio-economic development to the extent that foreign investment is allowed in such activity by the Constitution and relevant laws. Foreign investments shall be encouraged in the enterprises that significantly expand livelihood and employment opportunities for Filipinos; enhance economic value of farm products; promote the welfare of Filipino consumers; expand the scope, quality and volume of exports and their access to foreign markets; and/or transfer relevant technologies in agriculture, industry and support services. Foreign investments shall be welcome as a supplement to Filipino capital and technology in those enterprises serving mainly the domestic market.

 

As a general rule, there are no restrictions on extent of foreign ownership of export enterprises. In domestic market enterprises, foreigners can invest as much as one hundred percent [100%] equity except in areas included in the negative list. Foreign-owned firms catering mainly to the domestic market shall be encouraged to undertake measures that will gradually increase Filipino participation in their businesses by taking in Filipino partners, electing Filipinos to the board of directors, implementing transfer of technology to Filipinos, generating more employment for the economy and enhancing skills of Filipino workers.

 

SEC. 3. Definitions. - As used in this Act:

 

a. The term "Philippine national" shall mean a citizen of the Philippines; of a domestic partnership or association wholly owned by citizens of the Philippines; or a corporation organized under the laws of the Philippines of which at least sixty percent (60%) of the capital stock outstanding and entitled to vote is owned and held by citizens of the Philippines; or a corporation organized abroad and registered as doing business in the Philippines under the Corporation Code of which one hundred percent (100%) of the capital stock outstanding and entitled to vote is wholly owned by Filipinos or a trustee of funds for pension or other employee retirement or separation benefits, where the trustee is a Philippine national and at least sixty percent (60%) of the fund will accrue to the benefit of Philippine nationals: Provided, That where a corporation and its non-Filipino stockholders own stocks in a Securities and Exchange Commission (SEC) registered enterprise, at least sixty percent (60%) of the capital stock outstanding and entitled to vote of each of both corporations must be owned and held by citizens of the Philippines and at least sixty percent (60%) of the members of the Board of Directors of each of both corporations must be citizens of the Philippines, in order that the corporation, shall be considered a "Philippine national." [as amended by Republic Act No. 8179]

 

b. The term "investment" shall mean equity participation in any enterprise organized or existing under the laws of the Philippines;

 

c. The term "foreign investment" shall mean an equity investment made by non-Philippine national in the form of foreign exchange and/or other assets actually transferred to the Philippines and duly registered with the Central Bank which shall assess and appraise the value of such assets other than foreign exchange;

 

d. The phrase "doing business" shall include soliciting orders, service contracts, opening offices, whether called "liaison" offices or branches; appointing representatives or distributors domiciled in the Philippines or who in any calendar year stay in the country for a period or periods totaling one hundred eighty [180] days or more; participating in the management, supervision or control of any domestic business, firm, entity or corporation in the Philippines; and any other act or acts that imply a continuity of commercial dealings or arrangements and contemplate to that extent the performance of acts or works, or the exercise of some of the functions normally incident to, and in progressive prosecution of commercial gain or of the purpose and object of the business organization: Provided, however, That the phrase "doing business" shall not be deemed to include mere investment as a shareholder by a foreign entity in domestic corporations duly registered to do business, and/or the exercise of rights as such investor; nor having a nominee director or officer to represent its interests in such corporation; nor appointing a representative or distributor domiciled in the Philippines which transacts business in its own name and for its own account;

 

e. The term "export enterprise" shall mean an enterprise wherein a manufacturer, processor or service [including tourism] enterprise exports sixty percent (60%) or more of its output, or wherein a trader purchases products domestically and exports sixty per cent (60%) or more of such purchases;

the term "domestic market enterprise" shall mean an enterprise which produces goods for sale, or renders services to the domestic market entirely or if exporting a portion of its output fails to consistency export at least sixty percent (60%) thereof; and

 

f. The term "Foreign Investments Negative List" or "Negative List" shall mean a list of areas of economic activity whose foreign ownership is limited to a maximum of forty percent (40%) of the equity capital of the enterprises engaged therein.

 

SEC. 4. Scope. - This Act shall not apply to banking and other financial institutions which are governed and regulated by the General Banking Act and other laws under the supervision of the Central Bank.

 

SEC. 5. Registration of Investments of Non-Philippine Nationals. - Without need of prior approval, a non-Philippine national, as that term is defined in Section 3 [a], and not otherwise disqualified by law may, upon registration with the Securities and Exchange Commission [sEC], or with the Bureau of Trade Regulation and Consumer Protection [bTRCP] of the Department of Trade and Industry in the case of single proprietorships, do business as defined in Section 3 [d] of this Act or invest in a domestic enterprise up to one hundred percent (100%) of its capital, unless participation of non-Philippine nationals in the enterprise is prohibited or limited to a smaller percentage by existing law and/or under the provisions of this Act. The SEC or BTRCP, as the case may be, shall not impose any limitations on the extent of foreign ownership in an enterprise additional to those provided in this Act: Provided, however, That any enterprise seeking to avail of incentives under the Omnibus Investment Code of 1987 must apply for registration with the Board of Investments [bOI], which shall process such application for registration in accordance with the criteria for evaluation prescribed in said Code: Provided, finally, That a non-Philippine national intending to engage in the same line of business as an existing joint venture, in which he or his majority shareholder is a substantial partner, must disclose the fact and the names and addresses of the partners in the existing joint venture in his application for registration with the SEC. During the transitory period as provided in Section 15 hereof, SEC shall disallow registration of the applying non-Philippine national if the existing joint venture enterprise, particularly the Filipino partners therein, can reasonably prove they are capable to make the investment needed for the domestic market activities to be undertaken by the competing applicant. Upon effectivity of this Act, SEC shall effect registration of any enterprise applying under this Act within fifteen [15] days upon submission of completed requirements.

 

SEC. 6. Foreign Investments in Export Enterprises. - Foreign investment in export enterprises whose products and services do not fall within Lists A and B of the Foreign Investment Negative List provided under Section 8 hereof is allowed up to one hundred percent [100%] ownership.

 

Export enterprises which are non-Philippine nationals shall register with BOI and submit the reports that may be required to ensure continuing compliance of the export enterprise with its export requirement. BOI shall advise SEC or BTRCP, as the case may be, of any export enterprise that fails to meet the export ratio requirement. The SEC or BTRCP shall thereupon order the non-complying export enterprise to reduce its sales to the domestic market to not more than forty percent [40%] of its total production; failure to comply with such SEC or BTRCP order, without justifiable reason, shall subject the enterprise to cancellation of SEC or BTRCP registration, and/or the penalties provided in Section 14 hereof.

 

SEC. 7. Foreign Investments in Domestic Market Enterprises. - Non-Philippine nationals may own up to one hundred percent [100%] of domestic market enterprises unless foreign ownership therein is prohibited or limited by the Constitution and existing law or the Foreign Investment Negative List under Section 8 hereof. [as amended by Republic Act No. 8179]

 

SEC. 8. List of Investment Areas Reserved to Philippine Nationals [Foreign Investment Negative List]. - The Foreign Investment Negative List shall have two [2] component lists: A and B:

 

a. List A shall enumerate the areas of activities reserved to Philippine nationals by mandate of the Constitution and specific laws.

 

b. List B shall contain the areas of activities and enterprises regulated pursuant to law:

 

1. which are defense-related activities, requiring prior clearance and authorization from the Department of National Defense [DND] to engage in such activity, such as the manufacture, repair, storage and/or distribution of firearms, ammunition, lethal weapons, military ordnance, explosives, pyrotechnics and similar materials; unless such manufacturing or repair activity is specifically authorized, with a substantial export component, to a non-Philippine national by the Secretary of National Defense; or

2. which have implications on public health and morals, such as the manufacture and distribution of dangerous drugs; all forms of gambling; nightclubs, bars, beer houses, dance halls, sauna and steam bathhouses and massage clinics.

 

Small and medium-sized domestic market enterprises with paid-in equity capital less than the equivalent of Two hundred thousand US dollars [uS$200,000.00], are reserved to Philippine nationals: Provided, That if: [1] they involve advanced technology as determined by the Department of Science and Technology; or [2] they employ at least fifty [50] direct employees, then a minimum paid-in capital of One hundred thousand US dollars [uS$100,000.00] shall be allowed to non-Philippine nationals.

Amendments to List B may be made upon recommendation of the Secretary of National Defense or the Secretary of Health, or the Secretary of Education, Culture and Sports, endorsed by NEDA, approved by the President, and promulgated by a Presidential Proclamation.

 

The Transitory Foreign Investment Negative List established in Section 15 hereof shall be replaced at the end of the transitory period by the first Regular Negative List to be formulated and recommended by NEDA, following the process and criteria provided in Sections 8 and 9 of this Act. The first Regular Negative Lists shall be published not later than sixty [60] days before the end of the transitory period provided in said section, and shall become immediately effective at the end of the transitory period. Subsequent Foreign Investment Negative Lists shall become effective fifteen [15] days after publication in a newspaper of general circulation in the Philippines: Provided, however, That each Foreign Investment Negative List shall be prospective in operation and shall in no way affect foreign investment existing on the date of its publication.

 

Amendments to List B after promulgation and publication of the first Regular Foreign Investment Negative List at the end of the transitory period shall not be made more often than once every two [2] years. [as amended by Republic Act No. 8179]

 

SEC. 9. Investment Rights of Former Natural-Born Filipinos. - For purposes of this Act, former natural born citizens of the Philippines shall have the same investment rights of a Philippine citizen in Cooperatives under Republic Act No. 6938, Rural Banks under Republic Act. No. 7353, Thrift Banks and Private Development Banks under Republic Act No. 7906, and Financing Companies under Republic Act No. 5980. These rights shall not extend to activities reserved by the Constitution, including [1] the exercise of profession: [2] in defense-related activities under Section 8 hereof, unless specifically authorized by the Secretary of National Defense: and, [3] activities covered by Republic Act No. 1180 [Retail Trade Act]. Republic Act No. 5187 [security Agency Act], Republic Act No. 7076 [small Scale Mining Act], Republic Act No. 3018. as amended [Rice and Corn Industry Act], and P.D. No. 449 [Cockpits Operation and Management]. [as amended by Republic Act No. 8179]

 

SEC. 10. Other Rights of Natural-Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution. - Any natural-born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of five thousand [5,000] square meters in the case of urban land or three [3] hectares in the case of rural land to be used by him for business or other purposes. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.

 

In case the transferee already owns urban or rural land for business or other purposes, he shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized.

 

A transferee under this Act may acquire not more than two [2] lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided, That the total land area thereof shall not exceed five thousand [5,000] square meters in the case of urban land or three [3] hectares in the case of rural land for use by him for business or other purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. [as amended by Republic Act No. 8179]

 

SEC. 11. Compliance with Environmental Standards. - All industrial enterprises regardless of nationality shall comply with existing rules and regulations to protect and conserve the environment and meet applicable environmental standards.

 

SEC. 12. Consistent Government Action. - No agency, instrumentality or political subdivision of the Government shall take any action in conflict with or which will nullify the provisions of this Act, or any certificate or authority granted hereunder.

 

SEC. 13. Implementing Rules and Regulations. - NEDA, in consultation with BOI, SEC and other government agencies concerned, shall issue the rules and regulations to implement this Act within one hundred and twenty [120] days after its effectivity. A copy of such rules and regulations shall be furnished the Congress of the Republic of the Philippines.

 

SEC. 14. Administrative Sanctions. - A person who violates any provision of this Act or of the terms and conditions of registration or of the rules and regulations issued pursuant thereto, or aids or abets in any manner any violation shall be subject to a fine not exceeding One hundred thousand pesos [P100,000].

 

If the offense is committed by a juridical entity, it shall be subject to a fine in an amount not exceeding 1/2 of 1% of total paid-in capital but not more than Five million pesos [P5,000,000]. The president and/or officials responsible therefor shall also be subject to a fine not exceeding Two hundred thousand pesos [P200,000].

 

In addition to the foregoing, any person, firm or juridical entity involved shall be subject to forfeiture of all benefits granted under this Act.

 

SEC shall have the power to impose administrative sanctions as provided herein for any violation of this Act or its implementing rules and regulations.

 

SEC. 15. Transitory Provisions. - Prior to the effectivity of the implementing rules and regulations of this Act, the provisions of Book II of Executive Order No. 226 and its implementing rules and regulations shall remain in force.

 

During the initial transitory period of thirty-six [36] months after issuance of the Rules and Regulations to implement this Act, the Transitory Foreign Investment Negative List shall consist of the following:

 

A. List A:

 

1. All areas of investment in which foreign ownership is limited by mandate of the Constitution and specific laws.

B. List B:

1. Manufacture, repair storage and/or distribution of firearms, ammunition, lethal weapons, military ordnance, explosives, pyrotechnics and similar materials required by law to be licensed by and under the continuing regulation of the Department of National Defense; unless such manufacturing or repair activity is specifically authorized, with substantial export component, to a non-Philippine national by the Secretary of National defense;

2. Manufacture and distribution of dangerous drugs; all forms of gambling; nightclubs, bars, beer houses, dance halls; sauna and steam bathhouses, massage clinics and other like activities regulated by law because of risks they may pose to public health and morals;

 

3. Small and medium-sized domestic market enterprises with paid-in equity capital less than the equivalent of Two hundred thousand US dollars [uS$200,000.00], are reserved to Philippine nationals: Provided, That if: [1] they involve advanced technology as determined by the Department of Science and Technology, or [2] they employ at least fifty [50] direct employees, then a minimum paid-in capital of One hundred thousand US dollars [uS$100,000.00] shall be allowed to non-Philippine nationals.

 

SEC. 16. Repealing Clause. - Articles forty-four [44] to fifty-six [56] of Book II of Executive Order No. 226 are hereby repealed.

All other laws or parts of laws inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

 

SEC. 17. Separability Clause. - If any part or section of this Act is declared unconstitutional for any reason whatsoever, such declaration shall not in any way affect the other parts or sections of this Act.

 

SEC. 18. Effectivity. - This Act shall take effect fifteen [15] days after approval and publication in two [2] newspapers of general circulation in the Philippines.

 

Approved,

 

(Sgd.) RAMON V. MITRA (Sgd.) JOVITO R. SALONGA

Speaker of the House President of the Senate

of Representatives

This bill, which is consolidation of Senate Bill No. 1678 and House Bill No. 32496, was finally passed by the Senate and the House of Representatives on June 6, 1991.

Approved: June 13, 1991

 

(Sgd.) CORAZON C. AQUINO

President of the Philippines

[FastAndTheCurious]

Anong kaso ito?

 

Boyfriend: 20

Girlfriend: 17

 

Then girlfriend became pregnant... but with her consent.

[fauxhead]

thanks for the reply council and fauxhead, kaso lalo ata ako naguluhan. sir fauxhead sa sinabi mo pwede i-transfer ng lolo ko sa akin ang title ng isang lupa? and is there such a thing as foreign investment act of 1991? may nakapagsabi kasi sa akin yesterday kaso ndi ko alam kung totoo.

<{POST_SNAPBACK}>

 

Kung foreigner na simula nung ipinanganak ka, you can inherit land but only as a legal or natural heir. Di pwede i-transfer sayo by donation or by testamentary succession. Dapat, tapapag-mana ka talaga.

 

On the other hand, kung natural-born Filipino ka naman at nag-iba ka lang ng citizenship, pwede kang magmay-ari ng lupa. Kung ganito ang sitwasyon, pwedeng itransfer ng lolo mo yung land sayo pero dapat ayon sa mga sumusunod sa ilalim ng BP 185:

 

- Maximum of 1,000 sq. meters for urban land/Maximum of 1 hectare for rural land

- Either of the spouses may avail of the privilege.

- In case both spouses wish to acquire lands for this purpose, the total area acquired should not exceed the maximum

- If he/she already owns land for residential purposes, he or she can still acquire additional land but the total area should not exceed the maximum.

- A person can acquire a maximum of two (2) lots for use as residence, which should be situated in different municipalities or cities in the Philippines. The total area of these lots should not exceed 1,000 sq. meters for urban land or 1 hectare for rural land.

- A person who has already acquired urban land is disqualified from acquiring rural land and vice versa

- The land should be used for residence. It cannot be used for any other purpose

[council]

Anong kaso ito?

 

Boyfriend: 20

Girlfriend: 17

 

Then girlfriend became pregnant... but with her consent.

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sino ang complainant?

[johcorn5]

Hi. Can anyone help me or give me legal advice on ma problem.i assumed a subdivision lot from a soldier thru deed of sale and i started paying in pag ibig the mothly dues, now i need a another signature from the soldier for me to fully paid the assumed lot. the soldier would not recornized the deed of sale he entered into before. the receipts of pag ibig dues are already in my name. what should i do. thank you.

[jerk]

thanks again council and fauxhead. balik na lang ako dito kung sakaling may tanong pa ako.

[smaug]

nasira ko un AMI bios ko a week ago, naayos ko naman. me nakuha ako na pang flash sa mobo sa 'net tapos flash-boot ako. yun nga lang andami version na sinubukan ko... tanong ko lang, pede bako mag boot sa cd drive, instead of floppy, kun sakaling ma-buang uli ako at pakelaman ko at i-flash ko uli un bios ko?

[l3v3l]

nasira ko un AMI bios ko a week ago, naayos ko naman. me nakuha ako na pang flash sa mobo sa 'net tapos flash-boot ako. yun nga lang andami version na sinubukan ko... tanong ko lang, pede bako mag boot sa cd drive, instead of floppy, kun sakaling ma-buang uli ako at pakelaman ko at i-flash ko uli un bios ko?

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NO.. the mobo would always boot from a floppy drive when its bios is corrupted..

[smaug]

salamat sir!

[Guest k....]

i think what you are trying to say is, the computer will try to boot from a floppy when the boot sector [of the hard drive] is corupt-

 

i have yet to encounter a "corrupted BIOS"- but if that is indeed possible, the computer might not even give you beeping sounds to say something's wrong, obviously, when it doesnt even know a floppy drive or a hard drive is there.

 

the closest thing would be a corrupt NVRAM, and computers in the 2003-2005 era should have a way of clearing the NVRAM (hard-resetting the BIOS, more often that not, that which involves taking the CMOS battery out and short-circuit-ing the +/- connectors)

 

NO.. the mobo would always boot from a floppy drive when its bios is corrupted..

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[l3v3l]

what he said was, he corrupted the bios by mis-flashing, there is no

way of booting other devices other than the floppy drive when your bios fails. try to consult bioscentral.com..

[oliverjohnholmes]

Hi. Can anyone help me or give me legal advice on ma problem.i assumed a subdivision lot from a soldier thru deed of sale and i started paying in pag ibig the mothly dues, now i need a another signature from the soldier for me to fully paid the assumed lot. the soldier would not recornized the deed of sale he entered into before. the receipts of pag ibig dues are already in my name. what should i do. thank you.

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i would read "assume a subdivision lot" as you purchasing the lot...

 

first question would be when was the deed of sale entered into? secondly, was it duly notarized? The next step is check with PAG-IBIG the documentation that the soldier has submitted for him to be able to obtain the loan. From what I know, in order to obtain the loan, the property must be in the soldier's name.

 

Do check with PAG-IBIG if the Deed of Sale would suffice in lieu of the signature you still need from the soldier. Also determine for what purpose would the additional signature entail to "fully paid the assumed lot". A plus point is the recognition of the PAG-IBIG of your personality in interest over the poperty which you have been paying for quite some time. This is why I asked initially for the date and notarization of the Deed of Sale since the same would be crucial, not only with the PAG-IBIG but for the cancellation of the TCT in the soldier's name and having the subject property transferred to your name.

 

I hope this helps...

[oliverjohnholmes]

Anong kaso ito?

 

Boyfriend: 20

Girlfriend: 17

 

Then girlfriend became pregnant... but with her consent.

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hmmmm...

 

a whole host of cases, both criminal and civil, may come forth due to the attendant facts...as what google says, do specify your facts so that search may be better attuned to your purposes...

 

that is why sometimes lawyers have been criticized for giving wrong advice, oftentimes clients do not give the full picture and many a time surprises come along...