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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

The Philippine Anti-Dummy Law

A couple of friends recently told me how their very clever Philippine attorney got around the Philippine rule that non-Philippine citizens can not own real estate in the Philippines by forming a Philippine corporation. The corporation buys the property, then they use a variety of documents to avoid the 40/60 rule that limits non-citizens equity ownership to 40 percent. This all sounds very nice, but, my question to them, did their attorney discuss the Philippine Anti-Dummy Law with you?

Their question to me, what is the Anti-Dummy Law? My answer, good question. The Anti-Dummy Law is a law created to penalize those who violate foreign equity restrictions and evade nationalization laws of the Philippines. The Anti-Dummy Law prohibits dummy, or using what I call a proxy arrangement to accomplish a transaction not allowed under Philippine law. 

To get around the Philippine land ownership rules for example, non-citizens may arrange for a Filipino citizen to purchase land and register the land title to the Filipino citizen’s name, but with the agreement that the whole right to the land belongs to the foreigner. In this case, the Filipino citizen is the “proxy,” thus the “dummy arrangement.” Another common approach, is to create a corporation. The problem with using a corporation to avoid the land restrictions rules, is the 40-60 ratio that applies (40% foreign ownership, 60% Filipino ownership). Therefore a variety of side agreements are used to keep control of the corporation in the hands of the foreigner.

Again, The Anti-Dummy Law prohibits an arrangement usually done by a foreigner to evade nationality restrictions. If you’re caught violating the Anti-Dummy Law, you can receive a jail sentence for up to 5-15 years or receive a hefty fine. Non-Citizens and Filipino citizens who engaged in the dummy arrangement will both be held liable. 

This is only a limited overview of the broad reaching Anti- Dummy Law. If you are setting up a business or acquiring real property in the Philippines, you need to be aware of how the anti-dummy rules may be applied to the way the transaction is being structured. If you don’t want your dream business or property investment in the Philippines to turn into a legal nightmare. 

Now, my friends have assured me after talking to their attorney, there is nothing to worry about. The anti- dummy rules are not being enforced. However, the law is on the books for a reason. Therefore, this does not mean that the law will be enforced in the future. Should this happen, and you run afoul of the Anti- Dummy Law, it is you, not your attorney or friends that told you that it is okay to violate Philippine law, who is on the legal hook.

How To Prevent Falling Prey To Lending Schemes?

When you are faced with financial difficulties and you have already exhausted all of your financial resources, the next step you are going to take is to turn to lending companies. When it comes to taking out a loan, the process can be long, tedious and stressful. You do not get the money right off the bat as you have to secure essential documents. Once you have complied with the requirements, you have to wait for the final verdict and the effort will pay off if your loan application has been approved. However, you need to start from scratch if your loan application has been declined. While it is not easy to get the approval of legitimate lending company, resorting to loan sharks (5-6) that leave you with no choice but to agree to excessive interest rates is not going to be a good option either.

Although micro financing has already extended a “helping hand” to people who are in need of instant cash, the thought of shouldering 20% interest is way too much. Due to the fact that not all businesses or small entrepreneurs earn reasonable income, a huge chunk of their money is intended for paying the loan’s interest. Even if the borrowers have the right to file charges due to unconscionable interest rates, they still decide to accept the situation.  One of the requirements for getting an approval for your bank loan applications is by building your credibility. It might seem like a simple step but it will not be difficult for banks to approve your loan application if you have the ability to pay them. What better way to start building your credibility than opening your own savings account.

It also pays off to be keen on selecting the lending company you should put your trust in. Just because you need extra spending money does not necessarily mean you should continue to tread upon an unfamiliar territory without arming yourself with information. You can drown yourself in a cesspool of debt if you just allow yourself to be tricked into believing that these financial trolls are indeed your “savior” in times of need. As for lending companies, RA 9474 or Lending Company Regulation Act of 2007 provides information on the minimum requirements and standards they need to comply with.

“SEC. 6. Citizenship Requirements. - Upon the effectivity of this Act, at least a majority of the voting capital stock shall be owned by citizens of the Philippines.

The percentage of foreign-owned voting stock in any lending company existing prior to the effectivity of this Act, if such percentage is in excess of forty-nine percent (49%) of the voting stock, shall not be increased but may be reduced and, once reduced, shall not be increased thereafter beyond forty-nine percent (49%) of the voting stock of the lending company. The percentage of foreign-owned voting stocks in any lending company shall be determined by the citizenship of the individual stockholders. In the case of corporations owning shares in a lending company, the citizenship of the individual owners of voting stock in such corporations shall be the basis in the computation of the percentage.

No foreign national may be allowed to own stock unless the country of which he is a national accords reciprocal rights to Filipinos.

SEC. 7. Amount and Charges on Loans. - A lending company may grant loans in such amounts and reasonable interest rates and charges as may be agreed upon between the lending company and the debtor: Provided, That the agreement shall be in compliance with the provisions of Republic Act No. 3765, otherwise known as the "Truth in Lending Act" and Republic Act 7394, otherwise known as the "Consumer Act of the Philippines": Provided, further, That the Monetary Board, in consultation with the SEC and the industry, may prescribe such interest rate as may be warranted by prevailing economic and social conditions.

SEC. 8. Maintenance of Books of Accounts and Records. - Every lending company shall maintain books of accounts and records as may be required by the SEC and prescribed by the Bureau of Internal Revenue and other government agencies. In case a lending company engages in other businesses, it shall maintain separate books of accounts for these businesses.

The Manual of Accounts prescribed by the BSP for lending investors shall continue to be adopted by lending companies for uniform recording and reporting of their operations, until a new Manual of Accounts shall have been prescribed by the SEC.

It shall issue the appropriate instruments and documents to the parties concerned to evidence its lending and borrowing transactions.”

Condominiums: Is Ownership A Lifetime Guarantee?

Purchasing a condominium is one of the wise investments that a person may consider, but there are still some lingering questions on the value of condo units after 50 years. Things can get unpredictable when it comes to purchasing a property. A place that is considered to be a real estate hotspot at present may be of no value in the coming years. This is why some people who want to invest their money in a condominium are a little bit hesitant because of the risks involved.

Truth be told, structures and buildings are not damage-proof. Once they are exposed to harsh elements such as heavy rains and strong winds, they will become more prone to damage. When it comes to determining the value of a condominium, the location is an important factor to consider.  Even locations deemed as the central business district is not immune to urban decay. If the location shows some inevitable signs of aging, there can be a time when the building you are residing will be demolished and this is a harsh reality every condo owner needs to face and this is where most of potential buyers’ concerns are coming from. Your mind might be clouded with doubts and fears due to preconceived notions about buying a condo unit, but before you get completely discouraged, here are some answers to common questions about owning a condo unit.

Are there limitations on the ownership in a condo project?

Unlike landed properties, homeowners have limited entitlement when it comes to a condominium project. Homeowners only possess the specific dwellings, and the land where the building stands is not part of the homeowner’s entitlement. In addition, they do not hold exclusive ownership to the common areas of a condominium. Condominium corporation is composed of shareholders, who happen to be the individual unit owners. The equation for condominium corporation is that one unit is equal to one share.

Is there a law that tackles condominium corporation?

The Republic Act No. 4726 or the Condominium Act is a law that provides details of the condominium ownership. Although the Act does not necessarily talk about foreign buyers, it can serve as a buying guide for foreigners who want to buy into a corporation. Since foreigners are prohibited to own land in the Philippines, their only option is a condo project. However, foreign ownership must not exceed 40 percent.

Does the decision of shareholders need to be in unison?

Since a condominium corporation is profit-oriented, issues within a condominium must be decided through the shareholders’ votes. Whether issues are as mundane as having the common areas repainted, the shareholders have to decide in unison.

Does a condominium building have a lifespan?

The law does not specifically indicate that a condo building becomes obsolete after 50 years. However, Section 8c implies: “That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project”

It is up to the shareholders to decide if the building will be demolished. There are two options that shareholders to the condominium corporation can consider: 1. Sell the land; 2. Make a deal with the original developer.

While buying a condominium is not discouraged, a buyer must keep in mind that ownership of a condominium is limited compared to a landed property. The decision to buy a condominium will depend on the buyer’s preferences and the benefits they can obtain from a condominium such as convenience.

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