CEBU LAWYER - PHILIPPINE REAL ESTATE LAWS | CASES

Cebu real estate is booming in the outskirts which increases the rate of land disputes. Guimaras real estate service providers are booming because of the real estate boom. Oslob property or oslobe properties are not exempt from the effects of land disputes. Moalboal cadastral proceedings are still pending making approval of survey returns longer. Survey authority for subdivision survey approval Su...

Bureau of Lands (BOL) land surveying and survey types real estate brokerage and brokers trespassing and property destruction removal of mohon or boundary markers retention and DAR clearance transfer of title and ownership capital gains tax and documentary stamp tax certificate authorizing registration (CAR) geodetic engineering and land surveying land conversion and classification dealing with squ...

Repudiation of barangay compromise agreement Judgment based on a compromise agreement Judgment based on the compromise agreement Procedure to enforce barangay compromise agreement Breach of contract Breach of agreement Breach of sale contract Is willingness to travel is important for a party to find evidence and investigate Breach of lease contract LOST TITLE and notices to persons in interest reg...

Donations by reason of marriage are those which are made before its celebration, in consideration of the same and in favor of one or both of the future spouses. These donations by reason of marriage are governed by the rules on ordinary donations.  Minors may make and receive donations in their ante-nuptial contract. to the extent laid down by the provisions of this Code referring to testamentary...

Donations during the marriage by one of the spouses to the children whom the other spouse had by another marriage are voidable, at the instance of the donor's heirs after his death. It is not void. It is voidable. Real estate agents and their duties Residential lot conversion rules and procedure Industrial lot conversion rules and procedure Agricultural lot conversion rules and procedure Leas...

Partition among co-owners Net partitionable estate versus gross estate Heir must be willing to travel to gather signatures of co-heirs located in different places Bond by administrator Bond by executor Cash bond Surety bond Property bond SRRV Visa and if property bond is needed Retirement Visa and if property bond is needed Retiree Visa and if property bond is needed presumptions in debt payment c...

Last will and testament Estate administrator Estate executor Executor of the will versus administrator of the estate Hologrpahic will versus notarial will Alienable and disposable versus inalienable lands A and D certificate A and D certification A & D certificate A & D certification Easement law and rules Remedy to compel another to give right of way or to sell right of way Used as road f...

Requirements to compel the sale of right of way When are you considered a servient estate? When are you considered a dominant estate? Court Order for the grant of right of way but with payment for cost of right of way Just compensation and damages Damages Actual damages Moral damages Damage to property Cost of structures removed when destroyed for right of way What everyone must know about process...

Prescription involving real property taxes Probate of a last will and testament Prescription on probate does not exist? Foreigner decedent Alien decedent Proving foreign law in philippine court Doctrine of processual presumption Judicial Recognition of foreign decree Presumption of innocence Presumption of death Presumed dead No presumption of guilt Guilt beyond reasonable doubt as a quantum of pr...

Distinction between annulment of marriage and declaration of nullity of marriage Property regime among spouses and how it is changed during marriage Pre-trial in civil cases involving land dispute Land Title and Deeds Rules and Laws Checking the Transfer Certificate of Title and reading the fine prints Checking the Original Certificate of Title and reading the fine prints Checking the Tax Declarat...

Donations during the marriage by one of the spouses to persons of whom the other spouse is a presumptive heir at the time of the donation are voidable, at the instance of the donor's heirs after his death. It is not void. It is voidable. All property brought by the wife to the marriage All property the wife acquires during the marriage Paraphernal property Exclusive property Community propert...

Quitclaim affidavit can be repudiated or questioned even if properly done. New tax declaration versus cancelled tax declaration certificate Revision of assessment by assessor’s office Lot plan may not be a proof of ownership Sketch plan may not be a proof of ownership Vicinity map may not be a proof of ownership Legal forms in the Philippines vary depending on style and facts Retainer agreement ca...

DPWH expropriation NGCP expropriation Adverse claim annotation Affidavit of adverse claim Land title and land deeds rules and annotations File a case in court in good faith and with clean hands Unclean hands is not good Siargao properties must be checked if alienable or inalienable Siargao real estate broker must advice if the land sold is alienable or inalienable Several Guimaras surveyor and bro...

All property of the conjugal partnership of gains owned in common by the husband and wife When a man and a woman live together as husband and wife When a man and a woman live together as husband and wife, but they are not married When a man and a woman live together as husband and wife, but their marriage is void from the beginning The property acquired by either or both of them Property acquired...

Birth and death record correction Legal separation and divorce abroad, how are they different? Child custody and support are best resolved by love and care Cyber defamation defense requires a lot of research work Deed of sale cancellation maybe done through a compromise agreement outside of court Land registration may be done outside the court and its referred to as administrative titling Property...

C.L.O.A. or CLOA and agrarian land titles D.A.R. or DAR titles D.A.R. or DAR certificate of titles D.A.R. or DAR original certificate of titles DAR and DENR administrative roles land survey types and procedures real estate broker responsibilities property trespassing and legal consequences boundary marker removal issues title transfer and ownership processes capital gains and documentary stamp tax...

Right of Redemption Exchange with Other Property Purchased with Exclusive Money Promissory notes and checks Warranty Against Eviction Fraud and Frivolous suits Property Donated or Left by Will Paraphernal Property Designation of Determinate Shares Share and Share Alike Onerous Donations Paraphernal Property Charges Hidden Treasure Conjugal Partnership of Gains Things Acquired by Occupation Fishing...

Fruits, Rents, or Interests Common Property Exclusive Property Hidden Treasure Conjugal Partnership of Gains Things Acquired by Occupation Fishing and Hunting Amount or Credit Payable Capital of the Husband or Wife Annuity and Usufruct Separate Property Moalboal legal Property conversion Ejectment proceedings Lease termination Squatter removal Land titling process Occupancy and building permit Pro...

Land registration process Occupancy and property rights Zoning and land classification Right of way negotiation Trespassing and legal enforcement Criminal defense and litigation Fencing and property boundary Real estate financing and loan Mortgage application and approval Expropriation and land acquisition Public access and land use Dispute resolution for property issues Legal surveying and land m...

A donation by reason of marriage is not revocable, but with exceptions. Every donation between the spouses during the marriage shall be void.  What prohibition does not apply when the donation takes effect after the death of the donor? Every donation between the spouses during the marriage shall be void.  This prohibition does not apply to moderate gifts which the spouses may give each other on th...

Pictures as evidence Picture as evidence Estate administrator Easement law and how to peacefully protect your rights Transfer of title and tax declaration is a common real estate transaction Tax declaration and tax clearance must be checked Boundary dispute resolution can be accomplished out of court Adjoining lot owner dispute must be avoided Encroachment case should be resolved peacefully Correc...

Agricultural lot conversion and its procedure, grounds, and possibility Lease contract termination and its procedure, grounds, and possibility Renters not paying and how to amicably terminate the problem Judicial land titling has its benefits and disadvantages Administrative land titling and its procedure, grounds, and possibility Occupancy permit processing and requirements Proof of ownership and...

Notary public roles roles in real estate transactions and how they help avoid disputes Siargao properties for sale and how to avoid land disputes Siargao broker roles in real estate transactions and how they help avoid disputes Guimaras properties for sale and how to avoid land disputes Land survey roles in real estate transactions and how they help avoid disputes Surveying roles in real estate tr...

Bureau of Lands (BOL) land surveying and survey types real estate brokerage and brokers trespassing and property destruction removal of mohon or boundary markers retention and DAR clearance transfer of title and ownership capital gains tax and documentary stamp tax certificate authorizing registration (CAR) geodetic engineering and land surveying land conversion and classification dealing with squ...

Right of way and access Police assistance for trespass Criminal defense is a tool to protect the innocent Criminal defense is a tool to protect the guilty from tampered evidence Boundary and fencing dispute Real estate loan Loan and mortgage guarantee Land expropriation Road and property development Adverse possession claim Property law Landlord and tenant dispute Land conversion Real estate conve...