SC Considers Giving Up Rights to Inheritance a Valid Donation Waiving your rights to an inherited property? The Supreme Court considers this a valid donation as long as it meets the requirements and presents an intention to donate. Perhaps, you’re currently managing some properties that you want to dispose of. This short legal guide to valid donation of properties in the Philippines can help you get an idea on how the process works. What Is the Waiver of Rights? The Waiver of Rights is an official declaration of a person relinquishing any interest in a subject property. You can execute this with the help of a lawyer to ensure it meets the requirements for valid donation, such as notarization. Under Philippine laws, the execution of waivers show an intention to give up any interest over a property. Therefore, if someone passes away with a notarized Waiver of Rights, that may be considered a valid donation for the subject properties. Requirements for Waiver of Rights For the waiver to effectively relinquish the pursuit of claims to the property, there are legal requirements to be met. For instance, the waivor must have clear intent, an existence of a right, legal capacity, and compliance with public policy. If these elements are there, then the formal requirements for the settlement of estate must be met, including the Deed of Waiver of Rights. In case of inheritance, the waiver must be done for free, hence will be considered a valid donation. However, it should be in compliance with the legalities, such as the waiver and acceptance by the donee must be written and notarized accordingly if the total value is higher than PHP 5,000. But if the waiver is produced for a price, it will become a burdensome assignment of rights. Is A Waiver Tax-Free? The Waiver of Rights is not tax-free as the Bureau of Internal Revenue considers it a transfer of subject properties. For instance, the donor’s tax refer to the 6% tax on the property’s total value. In addition, it may also be subject to 6% Capital Gains Tax and Document Stamp Tax if the waiver’s intent is for a consideration. In terms of revocability, the Waiver of Rights is irrevocable after the beneficiary or donee has already accepted the subject property and met all formalities. Final Thoughts Waiving your rights to inherited properties is considered valid donation as long as it meets the requirements and shows a purpose to donate. While it’s generally not free from taxes, you may get less financial obligations when the value of the inheritance does not exceed PHP 5,000, or check with the BIR nearest you regarding the donor’s tax and CGT rate. If you have concerns related to real estate in the Philippines, kindly message us. You may also visit REALS.PH website for our current listing of properties for sale, including condominiums in Baguio City and other key locations.
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How to Divide Inheritance If Last Will and Testament Does Not Exist Have you recently discovered that the property you’ll be inheriting doesn’t have a last will and testament? You’re maybe wondering already how it will be divided among your siblings or other legal heirs. Don’t worry because we’ll be discussing how inherited properties are subdivided according to governing Philippine laws. Here are three rules to consider when dividing inheritance among legitimate heirs if there’s no last will left by the deceased owner. What Is Intestacy? If there’s no last will and testament, it is called intestacy. This concept will determine if there are creditors that are entitled to the inheritance. Meaning, if the deceased has creditors or people that he owes money, then the properties and money will be given to the creditors to pay the debt. For example, if the debt is 5 million pesos and 4 million pesos is the value of the properties, all the properties will go to the creditors. What Is Insolvent? If the family will not inherit anything from the properties of the deceased due to debts or liabilities, this is called insolvent. Meaning, the debts are higher than the combined value of all the properties left by the owner. Since there are more liabilities compared to the assets, the surviving spouse and children can’t do anything about it. The family must adhere to the law and should not insist their inheritance because there are debts to be paid. 3 Rules in Dividing Inheritance You already know about intestacy and insolvent, but what if the deceased left riches with no debts? Let’s say the value of the properties is 5 million pesos and there’s no spouse or children to get the inheritance. In this case, the relatives of the deceased will have the right to inheritance. For instance, the nearest relatives will inherit the properties. Let’s tackle these rules below: #1: Proximity/Consanguinity Rule Under this rule, the closest relative will have the legal right to inherit the properties and money left by the deceased if no direct heirs exist. This is also called the order of priority - direct descendants, ascendants, and down to collateral relatives or siblings. Another rule in Filipino inheritance is that the legal heirs will be determined from the family tree in a downward direction. Therefore, the parents will not inherit if the deceased has legitimate children to get the properties and other assets. Of course, the children are family of the deceased by blood as well as the parents are blood relatives. This is called consanguinity, meaning blood relatives will have the right to claim their inheritance. #2: Affinity Rule Now, if the deceased owner of properties has a spouse and legitimate children, the spouse will inherit also. In this case, the spouse is the only person to inherit by marriage, not by blood. The surviving spouse share is equal to the share of one legitimate child. Hence, the spouse and blood relatives or children will have equal parts in the properties, or 50-50 in case of one legal spouse and one legitimate child. #3: Legitimate vs Illegitimate Ratios Here, the illegitimate child is also entitled to half the share of a legitimate child according to the Civil Code of the Philippines. Final Thoughts No last will and testament? No problem. There are set of rules to determine who will get what once the property owner dies in the Philippines. If you have questions regarding inheritance, we can give you some sound advice. Moreover, you may also check out REALS.PH to find exclusive properties for sale in Baguio City and other growing provinces in the country.
Understanding the Regalian Doctrine and What It Means in Public Land Law If you inherited a land property without a title, it could be challenging to claim your rights for ownership. Perhaps, you might also be thinking that it already belongs to you since you've been occupying the land for many decades now. This is where the Regalian Doctrine under the 1987 Philippine Constitution comes in. We will tell you everything that you should know about this public land law and how you can claim your rights to your untitled property. What Is the Regalian Doctrine? The Regalian Doctrine refers to the law that states all lands of the public domain as well as natural resources belong to the State. Under this constitutional rule, it regulates who can prove ownership, required evidence when registering public land, and reason why years of possession is not enough to award private ownership. Moreover, it applies to reversion cases, possession claims, and untitled land disputes. Put it simply, the Regalian Doctrine says that all lands of the public domain are owned by the State. So, if you inherited a piece of land and have been living there for many years, does that mean it's legally yours? Well, even if you've inherited the land for decades now, it doesn't automatically mean it's rightfully yours. There should be a legal basis to say that it's private land. What to Do with the Untitled Land? Now, how about if there's no property title existing? There are easy ways to work on this matter even without the need for legal assistance. You should check first what documents you currently have, such as Tax Declaration, inheritance documents, or old deeds. Then make sure to verify the land status of the inherited property, if it's a private land. Always do your due diligence to ensure that you are on the right track of processing the titling of your property in the Philippines. Remember that in this doctrine, land remains in the public domain unless you can prove that it's classified as alienable and disposable, which is very simple. Go to the nearest DENR office to get this document. Another way is to prove that it has been legally transferred into private ownership. In this stage, you may seek professional assistance to help you with all the legal documents needed as evidence of ownership. Final Thoughts Possession claims of inherited lands can easily be determined under the Regalian Doctrine that governs public land laws in the Philippines. If you have an untitled land and have been living in the said property for 50 years, all you need to do is prove its classification as A&D. If you have more questions regarding property titling, feel free to send us a message. You may also check out REALS.PH for our exclusive listing of properties for sale in Baguio City and other locations nationwide.
Where Should You Invest in Philippine Real Estate Finding the right property may involve a lot of work, especially for newbie investors. One of the key details to consider is the location of the property. While it depends on your personal goals, we have some expert tips on where is the best place to invest in real estate here in the Philippines. Whether you’re looking to build a rental income or create long-term value growth, there’s the right location that meets your needs. Best Provinces for Affordable Housing Living outside Metro Manila is now the dream for most Filipinos. So if you’re also looking for a peaceful province life, you may want to explore residential properties in Cavite, Laguna, and Pampanga. The best thing about provincial properties is that they are affordable and has high growth potential. With infrastructure projects focused on these areas, land appreciation is sure to hit an all-time high. Best Location for Rental Income The best place to buy property in the Philippines for urban living and rental income is in Metro Manila. Quezon City, Bonifacio Global City, and Makati City remain the top contenders in luxury living. These prime business districts offer premium property values and high rental demand from expatriates, businessmen, and working professionals. The strong capital appreciation in these cities attract investors, both local and foreign. Best Places for Economic Growth Hubs There are emerging economic hubs outside Metro Manila right now. In the south, for instance, Cebu City is a growing hub for business process outsourcing and IT sector. In addition, the Queen City of the South is also getting traction in terms of beach tourism, particularly in Mactan. The city of Cebu is becoming the main economic hub in southern Philippines and it seems unstoppable. Considerations to Make Before Investing Real estate may appreciate over time, but it’s important to consider other investment returns to maximize your portfolio. If you’re planning to invest in a condo unit in Baguio City, make sure to understand occupancy rates, management fees, and other hidden charges. Knowing where to invest or buy a property is crucial for long-term appreciation. Always check the location if there are factors that will drive up your property’s value in the long run. Final Thoughts Deciding on the best location for the next property you want to buy can be daunting. However, there are simple ways to know where you should buy a house. For instance, study the infrastructure projects that may drive growth in the area. The nearer your property to transportation developments, the higher the appreciation can be. You can visit REALS.PH for our current listings of properties for sale in the Philippines. Our licensed real estate agents will walk you through these units so you can make an informed buying decision. Let us know your thoughts via message or you may comment on our official Facebook page so we can address your concerns in the best possible way.
What Is Socialized Housing and How Can Filipinos Benefit From This Program? For many Filipinos, having their own home remains an elusive dream. A house and lot in Metro Manila is now becoming more expensive even for middle-income earners. However, the government continues to provide Filipino families with financial support through different programs, such as the socialized housing. So, let’s talk about the meaning of socialized housing in the Philippines and its benefits to qualified beneficiaries. Philippine Socialized Housing Explained Socialized housing is a housing program that covers home lots or house-and-lot units managed by the private sector or the government for homeless, underprivileged Filipinos. These housing projects include long-term financing, services and sites development, interest payments under liberalized terms, and other related benefits as per the Urban Development and Housing Act (RA 7279). The qualified beneficiaries of the economic and socialized housing program are low-income and average earners, consisting of 30% of gross family income according to the National Economic and Development Authority. These government-initiated construction projects target depressed areas where low-income families are mostly located. Qualifications for Socialized Housing Beneficiaries Under Pag-IBIG’s Expanded 4PH Program, qualified borrowers can acquire homes with a minimum value of PHP 950,000 for only PHP 4,000 monthly amortization. This subsidized rate can help beneficiaries finance their homes with flexible payment terms. If you want to apply for the socialized housing program, here are the qualifications that you need to meet:
Socialized Housing: Reality Check Before you decide to acquire your dream home through socialized housing, there are some important things that you should understand. For instance, house-and-lot properties under this category may have accessibility issues, adjusted materials, processing fees, bare unit upon turnover, and located in far-flung areas. Always check these details when buying a property to avoid headaches in the future. Socialized housing or the 4PH Program is widely available almost in all cities, so more Filipinos can avail of affordable homes. Just visit the LGU office and inquire about the 4PH Program on how to qualify. Because this is subsidized by the government, you are guaranteed to get cheaper options for your new home. Final Thoughts While socialized housing aims to help minimum wage earners buy their own home, there are key considerations to make before applying for the program. You must qualify first and then do your due diligence, especially with the location of the property and hidden fees. Make sure to ask the developer regarding the materials and other concerns that may cause an issue in the future. For pre-selling condos in Baguio City, you can check out REALS.PH for our exclusive listings of properties for sale across the Philippines.
Simple Ways to Check If the House You Want to Buy Is Not Flood-Prone Flooding is one of the most common problems in the Philippines right now. It’s crucial to invest in a property that is safely located in a flood-free area. The challenge for homebuyers, therefore, is to check flood-free zones when choosing a real estate investment. So, how do you make sure that your next property is not in a flood-prone area? Check out this guide to get some expert tips before you buy a flood-proof property in the Philippines. Identify Low-Lying Regions The first thing that you need to do is identify whether the property you’re planning to buy is in a low-lying region or not. There are cities that are identified as a catch-basin, which means they normally get flooded during rainy season. You can talk to the locals about their past experiences after a strong typhoon or even just after a whole day of rain. Naga City is an example of catch-basin area, so the mayor pursued for flood management plans to protect the residents from floodwaters. Check via Online Flood Hazard Maps Another best way to confirm flood-prone properties is to use an online flood hazard map. There are many online platforms that offer this service, such as the PAGASA Flood Monitoring Map. With real-time data for flood-prone area identification, you can make a quick check of the location of the new property you want to buy just using your smartphone. Go to the LGU Office For updated flood risk assessments and other needed information, you can visit the LGU office. They can provide you with all the records on disaster management plans, including past floods. It’s also helpful to talk to the locals in the barangay where you intend to buy a property. Your future neighbors can tell you everything you need to know about the situation of the neighborhood during typhoons and other natural disasters. Look for Flood-Prone Signs Flood risk signs can easily be spotted if you know how to look. For instance, you may see water marks on walls, poor drainage systems, and cracks on fences caused by severe flooding. Another tell-tale sign is the close proximity of the property to rivers and other bodies of water. Basements and low-lying areas are obviously prone to flooding. Don’t forget to assess the elevation of the property for a more thorough flood risk evaluation. Final Thoughts When choosing a property, you can avoid the flood-prone ones by using flood hazard maps, visiting the LGU office, asking the locals, and checking the flood history of the area. Investing in a flood-free property is crucial, especially nowadays that flooding is a common problem in many cities. To get the best property listings in the Philippines that are safe from flooding, you can check out REALS.PH website and see Baguio properties for sale. Feel free to send us a message if you have questions so our licensed real estate agents can assist you with your needs.
Why Real Estate Brokers Should Let Buyers Know If the Property Is Flood-Prone In real estate, trust is currency. Giving buyers all the information they need when buying a property is helpful in gaining trust. Many brokers in the Philippines are reputable when it comes to building connections with their clients, hence become successful in their real estate business. So why is it important for brokers to be particular in terms of the property’s safety, such as being located in a flood-free area. Buying Properties in Flood-Free Zone Everyone is so focused on their dream home that they often overlook the importance of choosing a property that is built in a flood-free area. This is why it’s important to find a broker that cares about your family’s safety in terms of flooding. Therefore, brokers should advise homebuyers that considering the location is also important in addition to their budget and home design needs. Flooding has become an unwanted part of Filipino lives, especially now more than ever. With many families heavily affected by recent flooding nationwide, it’s a primary consideration to choose a location that is not flood-prone when buying a house. Properties that are safely located in flood-free zones should be highlighted by brokers to assure their clients that they are making the right decision. Additional Factors Brokers Must Highlight Educating property seekers is a good practice from reliable real estate brokers in the Philippines. In addition to safety, there are many other important factors to consider in finding the best home in a safe location. One, whether there’s a garage or not. This is a common issue for subdivision units that often don’t come with enough parking space for personal vehicles. You might want to clarify this with your broker before signing the contract. Second, the exact floor area of the property as some buyers complain that the house is smaller in person. This is a crucial information that needs thorough explaining so that the buyer won’t feel scammed when they move in. Third, don’t leave buyers clueless about hidden fees or charges as part of the buying process and their monthly fees. For instance, HOA fees may surprise homeowners as some brokers may not disclose this part during the negotiation. Again, explain everything to avoid misunderstandings once the contract has been signed. Final Thoughts It’s always important to educate homebuyers when choosing a property to build trust. Brokers should make this a big deal when handling their clients to attract more buyers and investors. If you need a reputable real estate broker in Baguio City, look no further. REALS.PH can help you find your next real estate investment outside Metro Manila. The beauty of living in the countryside like the north is that you enjoy slow living, especially if you’re planning to leave the city life. Our real estate agents will be happy to guide you as you achieve yet another milestone, which is buying a new house.
Homeowners’ Associations Not Entitled to Limit Members from Using Subdivision Roads According to the Supreme Court, homeowners’ associations don’t have the right to restrict its members from using common facilities, including subdivision roads. This was after one HOA banned its members from using certain facilities within the subdivision due to unpaid monthly dues for five years. So in this article, we will discuss about the Magna Carta for Homeowners and Homeowners’ Associations in the Philippines. What Is the Republic Act No. 9904? The Republic Act No. 9904 or the Magna Carta for Homeowners and Homeowners’ Associations is a Philippine law that states even delinquent members have full right to utilize roads and other common areas inside a subdivision. Moreover, HOA officials don’t have absolute right to sanction their members for not paying their dues. In terms of the full right to use subdivision roads, it covers the right to use the roads for delivery of goods, mobile transportation, and other related purposes. Under the law, HOA officers that will perform any violations may get sanctioned for permanent disqualification from any position in the homeowner’s association. HOA's Right to Sanction While homeowners’ associations have the right to sanction any member for nonpayment of monthly dues, they must adhere to the conditions under RA 9904. For instance, they can restrict delinquent members from basic community services including garbage collection frequency and grass-cutting near their property. On the other hand, HOAs cannot legally ban deliveries of any essentials or prohibit personal guests from going inside the subdivision. RA 9904 basically allows members to pay their dues, but sets apart the right to essential community services from the right to utilize common areas. The consequences for any HOA officers that will unlawfully enforce road restrictions may include permanent disqualification and other severe penalties. When it comes to collection, HOAs can still collect unpaid monthly dues through legal ways like the small claims court instead of prohibiting delinquent members from using subdivision roads. The right to sanction is not absolute, therefore HOA offices should be mindful of implementing sanctions that don’t follow the Magna Carta for Homeowners and Homeowners’ Associations. While homeowners’ associations have the right to sanction any member for nonpayment of monthly dues, they must adhere to the conditions under RA 9904. For instance, they can restrict delinquent members from basic community services including garbage collection frequency and grass-cutting near their property. On the other hand, HOAs cannot legally ban deliveries of any essentials or prohibit personal guests from going inside the subdivision. RA 9904 basically allows members to pay their dues, but sets apart the right to essential community services from the right to utilize common areas. The consequences for any HOA officers that will unlawfully enforce road restrictions may include permanent disqualification and other severe penalties. When it comes to collection, HOAs can still collect unpaid monthly dues through legal ways like the small claims court instead of prohibiting delinquent members from using subdivision roads. The right to sanction is not absolute, therefore HOA offices should be mindful of implementing sanctions that don’t follow the Magna Carta for Homeowners and Homeowners’ Associations. Final Thoughts Now you understand your full rights as a homeowner in your subdivision. HOA cannot stop you from using subdivision roads freely for transportation, deliveries, and even allowing personal guests to enter. While they cannot ban you from using common areas, such as the roads, your HOA can still implement some sanctions according to RA 9904, including the frequency of garbage collection in your household.
If you’re looking for premium gated subdivisions in Baguio City, please don’t hesitate to visit REALS.PH for our exclusive property listings in the Philippines. Our licensed real estate agents can also guide you in knowing your rights as the owner of a subdivision unit. As a reliable broker for so many years now, we can’t wait to help you find your dream property for your loved ones. Can You Claim An Agricultural Land with Tax Declaration Only? There are so many misconceptions when it comes to titling an agricultural land in the Philippines. So before you apply for a land title as a tenant to a property for 20 years, let’s clarify some important things. There are certain qualifications that the land owner must comply with as well as the property itself. Let’s get to know each one of them in this short but helpful guide for Filipino land title applicants. Qualifications for the Land As with the qualifications for titling an agricultural land with only tax declaration, here are the requirements you need to consider:
Qualifications for the Owner Now, if you’re farming the land, here are the legal qualifications that you need to meet when applying for a new land title:
Final Thoughts You have the right to claim ownership over an agricultural land you are farming for more than 20 years now. But, this comes with a checklist before you can finally have the land under your name. Make sure to verify the classification of the land with the DENR and ensure there’s no existing title or owner of the property. Once you check all the boxes, submit the requirements and pay all your dues to officially become the rightful owner of the agricultural land where you currently live and manage. If you’re looking for lot-only properties, you can visit REALS.PH for our listings. We also promote house for sale in Baguio City which just might fit your budget and needs.
Should You Invest in a Wooden Home in the Philippines? Regardless of the choice you’ve made, there will always be pros and cons that will come with it. For instance, if you’re wondering whether a wooden house is a good decision or not, prepare yourself for all the possibilities that you may encounter. While some homeowners love wooden homes, others may not favor this type of design. Let’s weigh in the advantages and disadvantages of a wooden house in the Philippines. Wooden Homes Are Energy-Efficient One of the biggest advantages of a wooden house is energy efficiency. Wood materials are natural insulators, making them an effective solution in isolating heat and cold temperatures. As a result, you get to save a lot of energy from air-conditioning, ventilation, and heating by using wood for your tropical home. Wood Accents Are Aesthetic Aesthetic homes often add wooden accents to make the interior look natural and attractive. There are different colors and textures to suit your desired look. You can even paint it to achieve the exact color you want that matches your home theme. No need for fancy decorative finishes and accents because wood makes the entire look even more beautiful and natural. Wood Is Versatile Since wood is one of the most versatile materials for home construction, it’s easier to adjust, alter, and construct. You can easily modify it or make changes in case you want to renovate your home in the future. Also, this is a common material to accentuate balconies and terraces for a more Filipino home vibe. Disadvantages of Using Wood Probably the most common issue in using wooden materials when building a home is that wood is prone to deterioration. The main causes of wood destruction include pests, molds, sun exposure, and water moisture. You cannot avoid these elements as they are naturally part of life, hence understanding how to protect your wooden house from early deterioration is important. Another concern is that wood is highly combustible since it is composed of hydrogen and carbon. Make sure to consider your location when deciding to use wood as part of your construction materials. Over time, wood may also shrink or swell, depending on the situation. Wood is hygroscopic which means that it can absorb water, making it inappropriate for flood-prone properties. Final Thoughts Now you understand the advantages and disadvantages of a wooden house in the Philippines. If you really want to use it in your home construction, make sure to consider the potential problems, such as it may cause fire or can easily be destroyed by pests and water. At REALS.PH property listing site, we have great options of wooden-inspired homes for sale in Baguio City and other cities with cool natural vibes. You may also send us a message if you are interested in listing your property on our website. Our hardworking real estate agents will be happy to assist you every step of the process.
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Meet your Real Estate Broker Partner:
Roman Joe Anoso, RN, REB
Real estate Broker PRC license number: 19887
HLURB registration number: CAR-B-05/21-029
HLURB registration number: CAR-B-05/21-029
Baguio's top real estate broker Roman joe Anoso is grateful to serve you
Roman joe Anoso is a multi-awarded real estate broker, consistent Top #1 for 8 years to date.
Being recognized by the following companies:
Sta. Lucia Land, Inc.
- Overall Nationwide Top # 1 Real estate broker year 2024
Bangko Sentral ng Pilipinas
- Real Estate Broker with the Highest sale for the year 2023
Suntrust Properties, Inc.
- Overall Nationwide Top # 1 Real estate broker year 2018
Vista Residences, Inc.
- Overall Nationwide Top # 1 Real estate broker year 2017
Goshen Land capital, inc.
- Overall Nationwide Top # 1 Real estate broker year 2011 to 2016
Being recognized by the following companies:
Sta. Lucia Land, Inc.
- Overall Nationwide Top # 1 Real estate broker year 2024
Bangko Sentral ng Pilipinas
- Real Estate Broker with the Highest sale for the year 2023
Suntrust Properties, Inc.
- Overall Nationwide Top # 1 Real estate broker year 2018
Vista Residences, Inc.
- Overall Nationwide Top # 1 Real estate broker year 2017
Goshen Land capital, inc.
- Overall Nationwide Top # 1 Real estate broker year 2011 to 2016
PRC Licensed Real estate Broker Roman Joe Anoso
office address: REALS Corporation, Barangay Dontogan, Baguio city, 2600
personal: +63917-5645-863
viber/whatsapp: +63917-5645-863
add him on facebook (CLICK HERE)
office landline: 074-442-2353 (for clearer conversation)
email: [email protected]
skype: romankat2
website: www.realestatebaguio.com
personal: +63917-5645-863
viber/whatsapp: +63917-5645-863
add him on facebook (CLICK HERE)
office landline: 074-442-2353 (for clearer conversation)
email: [email protected]
skype: romankat2
website: www.realestatebaguio.com
