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GoodWife / Planet-Love Archives => Threads started in 2003 => Topic started by: Peter Lee on September 26, 2003, 04:00:00 AM



Title: Owning Property in the Philippines
Post by: Peter Lee on September 26, 2003, 04:00:00 AM
Hi guys,
I know I am a pain but the question has to be asked.  How do I own property in the Philippines?  I’m guessing that any of us could have at one time, dreamed of retiring there.  I e-mailed the Philippine Embassy and they were very vague on information.  

Philippine Embassy Example:
Relative to your query item 8 :  If a foreigner have to be married to a Philippine national to qualify for a permanent rsidency:  NO.    A foreigner may also apply for a Investor and Retiree Resident in the Philippines (IR2B2 Visas).

First if you just to vist your wife in the Philippines, you can apply for a multiple visa valid for 6 months, the fee is US$60.00 in money order, pay to the Philippine Embassy.

I can’t believe I have to pay $60 to see my Philippine wife !!  Oh well I got lots to learn.
I know that if you stay longer than 6 months there is a tax break here at home.  So how much to stay 6 months and a day?

Does any one know the scoop on what it takes for an Investor and Retiree Resident visa????  What is a permanent residency?  What advantage if any does a Foreigner have being married to a Filipina?

All this is new to me?   I thought you had to be married for a foreigner to own property.  I am very surprised to read that there are other ways to own property other than being married to a Philippine National.  The real-estate, police chief and attorney that I had meetings with in Panglao didn't seem to know much about it either when asked.  That’s par for the course, how they gonna sell property to someone who don’t qualify?  
Has anyone invested or purchased property in the Philippines?  

I was seriously looking at the resort in Panglao.  Records in the city hall should tell if the property has a clear title.  Yes and an attorney that can be trusted would help too.  But I don't have the basic knowledge of how ownership works.  
If the property was in my wife's name and she dies who gets my investment?  Do I get kicked out after her death?  
Very confusing to me so writing to the Philippine embassy didn't clear it up either just showed me how much I didn't know.  
I hear stories of how guys have to go out of the country once a year to renew their visas.  
This is all very confusing and full of rumors and hearsay.  Can anyone clear it up?   I hope I am not off the subject but it can affects future marriage plans.  

Thanks.



Title: Re: Owning Property in the Philippines
Post by: outwest77 on September 27, 2003, 04:00:00 AM
... in response to Owning Property in the Philippines, posted by Peter Lee on Sep 26, 2003

As far as i know you cant own property, you cannot even bring a business to the phils, open it, hire filipinos
and help their economy with the jobs and money you are bringing to the country.............and own your business there, you can be minority owner,

Unless you want to bring a huge business with millions of dollars, then i think somehow you can own that.

Ever wonder why , considering the business ownership rules, property ownership rules, that the phils economy is in the toilet..................



Title: Bad investment
Post by: Nathan on September 27, 2003, 04:00:00 AM
... in response to Re: Owning Property in the Philippines, posted by outwest77 on Sep 27, 2003


 Quite right. So far as I have been able to see, the economy and the whole country is run by morons, thieves, and provincial rubes. Foreign investment is discouraged and
those who do take the plunge are subject to such an wave of swindlers and frauds that they may feel quite punished.
The Philippines is rated as one of the top 10 or 12 most corrupt countries in the world, and any one who invests any
significant portion of their assets there should have the head examined- in other words, a fool and their money will soon part.
  That said, if one is careful and keeps "under the radar"
and makes sure any real estate dealings or small business ventures are very small targets and represent more of an interesting diversion than real need, one might venture forth.
A good rule of thumb: NEVER invest more in the Philippines than what you can afford to be ripped off.
  By the way- the so called investors visas, well it seems that a lot of those accounts are being ripped off, and in fact when their association leader attempted to investigate, he was thrown in jail.
   So, in spite of everything I say above, I enjoy being there, in fact we intend to spend about half our time there from here on out. We will likely dabble in a small venture there or two. Most filipinos learn to kick back and enjoy life
in spite of all the negatives above, and THAT is the best reason to spend time in the Philippines...the slow tropical
pace.


Title: Excellent Advice!
Post by: Ray on September 27, 2003, 04:00:00 AM
... in response to Bad investment, posted by Nathan on Sep 27, 2003

"NEVER invest more in the Philippines than what you can afford to be ripped off."

I agree! A foreign-unfriendly government could take over at any time and confiscate anything they wish to and there isn't much you could do about it.

Putting your savings in a Filipino bank is also very stupid IMHO.

Ray



Title: LOL Foreign unfriendly govt
Post by: outwest77 on September 27, 2003, 04:00:00 AM
... in response to Excellent Advice!, posted by Ray on Sep 27, 2003

Why be afraid of a Foreign unfriendly govt

the one they have  NOW is perfectly cabable of incompetence, dishonestY, and also bribery
fueled enough to rip you off just fine,

they dont need the help of some other govt ...........they want the bribes for themselves..........



Title: I Agree!
Post by: Dave H on September 27, 2003, 04:00:00 AM
... in response to Bad investment, posted by Nathan on Sep 27, 2003

Hi Nathan,

That's the way I'd do it. Too many foreigners want to live and look like millionaires IMHO. Our house is very similar to the surrounding houses in the barangay. We have several very small business ventures with family. I try to keep things slow paced wherever I am (86 degrees here in my hammock - S. FL). I would love to spend half our time in the Philippines also, but can't at this point since my sons are still in school.

Dave H.



Title: Re: I Agree!
Post by: Dave H on September 27, 2003, 04:00:00 AM
... in response to I Agree!, posted by Dave H on Sep 27, 2003

Since we are not there, the house is being rented. The people are very clean and have maintained and fixed things. We use the rent money for improvements, repairs and taxes.

Dave H.



Title: Re: Owning Property in the Philippines
Post by: Ray on September 27, 2003, 04:00:00 AM
... in response to Owning Property in the Philippines, posted by Peter Lee on Sep 26, 2003

[This message has been edited by Ray]

Peter,

As far as I know, a foreigner can not purchase property in the Philippines. You are allowed to purchase a condo though. Any property you purchase would have to be legally in your wife’s name and could be passed on to her survivors. You may possibly be able to inherit ownership from her even though you are not a Filipino citizen. Are you planning on outliving your wife???

Without special legal documents, you would be at her mercy because you would have virtually no legal rights to the property and she could sell it off whenever she felt like it. I’ve seen it happen before. So you would have to be very careful not to piss her off :-).

Before you even think about purchasing property, why don’t you sit down with a good Filipino attorney who is knowledgeable in real estate and family law and find out what your legal options are to protect your investment? If you do purchase any property in the Philippines without the guidance of an attorney, then you’re just plain nuts! :-)

Ray



Title: Long term lease
Post by: Humabdos on September 27, 2003, 04:00:00 AM
... in response to Re: Owning Property in the Philippines, posted by Ray on Sep 27, 2003

If the property is in your filipina wives name you can own. Most of the people I know living there have a long term lease. Investment property may not be where you would want to live. Buying the wife lot near her home town wouldn't be a bad idea then if you croak she has a place near the family.

Hum



Title: Re: Long term lease
Post by: Ray on September 27, 2003, 04:00:00 AM
... in response to Long term lease , posted by Humabdos on Sep 27, 2003

Hum,

A foreigner can not own land in the Philippines unless it’s inherited. You may be able to purchase land through a corporation if it’s 60% Filipino owned (60% Filipina wife, 40% foreign husband?). If it’s in your Filipina wife’s name, you may be able to get a legal contract that restricts what she can do with it to partially protect yourself.

You’re right about the long-term lease. Foreigners can lease the land (50 years?) and own a house or buildings on the land.

“Buying the wife lot near her home town wouldn't be a bad idea then if you croak she has a place near the family.” Hell, if I croaked now, the wife could probably buy the whole damn town (LOL!).

Here’s an island for sale for a million bucks. Peter probably passed right by it on his way to Palawan:

http://www.world-of-islands.com/Services/Iles/Vente/Puerco/puerco1_en.htm

Ray



Title: Re: Re: Long term lease
Post by: Peter Lee on September 27, 2003, 04:00:00 AM
... in response to Re: Long term lease , posted by Ray on Sep 27, 2003

Yes I was in Roxas and was invited to go to Coco Loco Island resort.  We could see Puerco Island from the dock and several other Islands behind Coco Loco.  We decided not to go on Coco Loco Island although the name sounded cool.  I didn't go coz it was owned by one person and would seem boring to just sit on the beach by ourselves.  Besides they wouldn't let me take my motorbike on the island.  After trekking that bike halfway round the Philippines to me that was an insult.  The reason these Islands were special was because they had white sandy beaches.  This was a rarity in all the Islands and a treasure when you found a white clean one.  Roxas had some beaches but not too white and not inviting.  I did not like Palawan and its islands, for a place to live and retire.  Storms hit these islands regularly and the rainy season is a real rainy season.  I wouldn't want Roxas to be the main source of gear and supplies.  The town was small but like a watering hole in an oases.  Roxas was also the end of the nice highway from the south.  I touch on this part of the journey in Da Trip report.  We were happy to get on da ferry back to Iloilo.  I wouldn't give em one million peso for that place.   Even in Roxas you feel isolated, you could imagine being on an Island out there.  You might as well be on the moon.   I made up my mind to try to make it back to Puerto Princesa rather than stay in Roxas.  After looking for some places to stay and seeing the unfriendly beaches we decided to head back to the big city.  Well you know that is when we got the flat tire  story.  .  
But Ray this site basically answered most of my questions on ownership, another job well done, thanks.


Title: Paradise Lost?
Post by: Ray on September 28, 2003, 04:00:00 AM
... in response to Re: Re: Long term lease , posted by Peter Lee on Sep 27, 2003

[This message has been edited by Ray]

You know Peter, for years now I’ve had this crazy idea about owning my own island. Nothing too big but with lots of coconut trees to keep me in tuba and a little white sand beach and a modest nipa hut. I’ve seen several Philippine islands for sale, so they are available, usually by some foreigner who apparently grew out of his fantasy of living on Gilligan’s Island (LOL).

Puerco Island looked like a good spot for someone who wanted a lot of privacy and not too much civilization. If you’re really looking for beautiful white sandy beaches with reasonable property costs, you should keep looking. I’ve seen some absolutely beautiful white sandy beaches with lots of coconut trees and crystal clear water without a tourist in sight. This was in Surigao Del Norte Province. There are literally hundreds of spots that will absolutely take your breath away. My wife’s folks own a beautiful place on a large island with beachfront property, good sandy beach, 2,000 coconut trees, excellent year-round fresh water spring, large fish trap, a fabulous covered private pier, no roads, no traffic, no tricycles, no horns, no electricity, no TV, no Internet, just lots of peace and quiet. It’s in a quiet little cove with crystal clear water and 4 other families (2 relations) live there next to them. Access is by pump boat only unless you want to climb the mountain in back or wade around the point at low tide to visit the other neighbors. I stayed there twice for 3-4 days and I really hated to leave.

If you don’t mind being away from large cities, you should take a look at Siargao Island near Surigao. They have miles and miles of pure white sand beaches. It was only recently discovered as a world-class surfing spot and now they have a big international surfing competition every year. Do a Web search for Siargao, General Luna, or Cloud Nine. The beaches put Boracay to shame and this is the kind of place that just has to become one of the next big Asian resort areas in the near future. The French and Australians are already starting to move in from what I hear but beach-front land is available.

If you find an area like the one on Bohol where you “think” you would like to settle down, then I would recommend renting a house there first. After a year or two, you should know if it’s the right place for you. Like you said, once you buy you’re kind of stuck there. I think it’s wise to try it out first and see what the local people are really like, how the annual storms affect the area, what the local government is like, etc.

Ray



Title: Great advice Gilligan!
Post by: Humabdos on September 28, 2003, 04:00:00 AM
... in response to Paradise Lost?, posted by Ray on Sep 28, 2003

Sounds like a nice place Gilligan! I'll have to check it out someday.

The Skipper



Title: Re: Owning Property in the Philippines
Post by: Jeff S on September 27, 2003, 04:00:00 AM
... in response to Owning Property in the Philippines, posted by Peter Lee on Sep 26, 2003

Bed careful Peter. You have to be out of the country for at least 11 months of the last 12 before you qualify for the $80,000 expat tax deduction from the US government, BUT if your wife is out of the country from more than 6 months of the past 12, she'll lose her permanent residency status and you'll have to reapply for a K3 - kind of a catch 22. There's a discussion on the Latin board about that - a guy who's thinking of moving to Colombia.

- Jeff



Title: Re: Owning Property in the Philippines
Post by: Mita on September 27, 2003, 04:00:00 AM
... in response to Owning Property in the Philippines, posted by Peter Lee on Sep 26, 2003

Peter,
Being married to a Filipina, you can avail of a 13A visa which is a permanent resident visa.  Here's a link that may help you:  http://www.pcgenla.org/Visacon.htm

If you are travelling to the Philippines with Maricel and she's been away from the country for more than a year, you would be eligible for a 1-year balikbayan visa.  I think it's also mentioned in the link.

Land ownership by a foreigner is restricted in the Philippines.  You could buy land in your wife's name and incorporate to protect your interest I heard it said in another forum my husband and I participate in. You could also draw up a 50-year lease on the property, assuming of course that after 50 years, you won't care who the property ends up with.

An investor visa requires a $50K investment from you - an amount you are required to keep in a Philippine bank for a certain period of time - not really a practical solution especially since you are eligible for a 13A visa.

Mita



Title: Re: Owning Property in the Philippines
Post by: Dingo on September 27, 2003, 04:00:00 AM
... in response to Owning Property in the Philippines, posted by Peter Lee on Sep 26, 2003

How about just renting the property for a while.
In case someone dies or things aren't as you expect
you won't be out so much.

If your wife finds out what you said about her dying
she'll be looking for some wood to knock on....LOL.

Try this link

http://www.filipinolinks.com/cgi-bin/search.cgi?query=realestate&catid=


Cheers
Dingo



Title: Re: Re: Owning Property in the Philippines
Post by: Peter Lee on September 27, 2003, 04:00:00 AM
... in response to Re: Owning Property in the Philippines, posted by Dingo on Sep 27, 2003

Hi, thanks for the link, but most realty just want to know if your married so you can put it in your wife's name.  Few know the laws and what opptions are available.  
No, I do not want to rent for a while, I want to own and later if I like to sell.  I want to know if my wife dies what happens to my investment?   I am sure there are laws that handle these problems.  What are they and who knows them?   These are questions that should be asked if your serious in buying property in the PI.   I will attempt to contact a realtor on your link.  So far I have found out that realestate agents in the PI are very limited compared to the US.  It took most of the day for the one in Panglao to explain the situation on the property I showed interest.  If you ever ask for directions there you know whst I'm talking about.


Title: Re: Re: Re: Owning Property in the Philippines
Post by: Dingo on September 27, 2003, 04:00:00 AM
... in response to Re: Re: Owning Property in the Philippin..., posted by Peter Lee on Sep 27, 2003

I have a friend who was married to a Filipina. She then
moved here to the US. After a while (4-5 Months) he sold his house and
quit his job here in the States. They invested all his money in a small resort and house on her families property.
A year or so later she then went back to USA to work as the resort was not making much money. Well she never came back and he ended up
having to abandon the property back to the rest of her family.
Everything was in her families name. He is now back in the
USA "broke", she is now TNT in the USA and he Divorced.

So I guess the point here is make sure your relationship
is time tested first.  You have the right idea to
protect yourself legally first and to find out as much information as you can ahead of time.

I believe that I once read that an American CAN OWN land
in the Philippines but it is a limited amount.
I'll try to find more info for you. It is good stuff to know.
Cheers.
Dingo.

Oh yeah don't get me started on Filipino's and asking
them for directions or instructions. LOL

Hum, if you're reading. The image of you scaring those Pinoy's who
were harrassing you is hilarious.


http://av.fshn.wsu.edu/students/436www01/wwwQuan/don't%20be%20scared.jpg


I did not realize you were 6'4" you must have had to lay "on top"
of the jeepneys.



Title: Agree 100% Dingo
Post by: Humabdos on September 27, 2003, 04:00:00 AM
... in response to Re: Owning Property in the Philippines, posted by Dingo on Sep 27, 2003

Once you buy your stuck, later you might find problems with the neighbors or in-laws or whoever. Renting or leasing is cheep. Always live at least 30 or 40 miles from the in-laws even if you get along well. If there always wanting or borrowing something 100 miles would be better.

Hum



Title: Re: Agree 100% Dingo
Post by: Peter Lee on September 27, 2003, 04:00:00 AM
... in response to Agree 100% Dingo, posted by Humabdos on Sep 27, 2003

Well is a 12 hour ferry ride and 3 hours with a motorcycle far enough from in laws LOL.  Locals when they can afford it own.  They only rent if they can't afford it.  Once you buy your stuck applies to anyplace.  Most of us at home buy our house and property.  The guys I met in Panglao bought property 7 years ago on the beach.  They have not regretted the investment coz now it is worth 3 times what they bought it for.  White sand beaches are not that common and I think a nice way to retire and invest.  I wouldn't want to leave my wife and kids with rented property when I go LOL.


Title: Re: Re: Agree 100% Dingo
Post by: Humabdos on September 27, 2003, 04:00:00 AM
... in response to Re: Agree 100% Dingo, posted by Peter Lee on Sep 27, 2003

12 hrs is just right!

I've been to Panglao many times, diving at Balicasag Island is one of my favorite dive spots. You'll pay a pretty centavo for beach front land. I wouldn't think of investment land and land to live on in the same light. I guess you could get lucky and find both.

Was this your second trip to the Philippines?

Hum



Title: Re: Re: Re: Agree 100% Dingo
Post by: Peter Lee on September 27, 2003, 04:00:00 AM
... in response to Re: Re: Agree 100% Dingo, posted by Humabdos on Sep 27, 2003

Well Hum, I think I'm getting the message about the forum’s warning about buying property in the PI.  
But most it sounds have a modest house to come and live that they can call there own.
The reason I mentioned it was that the Belgium guy married to a Filipina in Panglao was there 7 years and married 9 years.  The property was in his wife’s name and he said they made papers with the attorney that she could never sell the land or kick him out and he could live there till he died.  I thought there should be a better way than that to secure his investment.  He bought land on the beach on the main highway.  He built a beautiful house on the highway and regretted not building it on the beach.  He seemed so happy there and settled in.  A lot of other Europeans were there with similar stories.  It got me thinking, you know me I have to check to see if it was for me.  I had the chance to see what property was available and if I would fit in.  I originally wanted 200 sq m of beach property opposite side of the island than Luna beach called Mormol beach.   I was quoted $3500 and $5000 for bare land with beach front.  I also seen a nice resort deserted coz of no tourists and was out of business coz the Japanese who operated died.  Desperate times make good deals right?  I was impressed how nice it was and met with some of the property owners who wanted to sell.  But if I told you what I did it would take me another 25 pages like Da Trip to cover everything.  I go to sleep at night dreaming of this place on the beach.  I know it would never be a reality but it don't hurt to check and ask.  I would do it as some of you suggested only if all my assets are here in the US and the place in Panglao was a vacation spot.  But truthfully when I was there I did not want to go back.   There is some comfort about their corruption.  If you want to get something done if you know the right people it is done.  The retirees that  invited me and Maricel to there home, they had Satellite TV, web internet computers, gas stoves, hot water and city pressure water, European furniture, cars, motorcycles, and it was like being back in the US only cheaper.   The Belgium didn't like maids and he and his wife did all the work around their big 6 bedroom house.  I ask how much investment he had in his house he said about one million peso.  Water was less than $1 TV was expensive $7 taxes a yr were $15 and food was real cheap.  
Yes Hum it was my second trip to the PI and the beach land we looked at was a place to live and monkey around with a little business.  Something to kill the boredom.  When I got on the plane to go home I picked up a magazine with Panglao Island on it and there it was, the place I knew for sale.  Ya, there is lots of diving resorts there and they all seem to make it.  But we all know that to make money and invest the US is the place.   So with my retirement check and some other property income I would like to dabble with the idea of settling down like that Belgium fella and his wife.   The only down side was that I really liked Daytona Beach too.  As soon as I got home it seemed my bubble popped and I was back in the hustle of work, work make money system again.  But at least I found 2 places that I would like to be.  If I retired on a fixed income my cable bill is close to $100, the water and electric is about $150 for 3 people, my taxes are over $2500 and then there is insurance for house and car, food is expensive and so the fixed income would probably go 10 x further in the PI.  So I am doing my home work asking questions writing the Philippine Embassy so at least I know the scoop of what options are available.   If they don’t look good then I can’t do it, but it seemed that some have done it and made it work.   The Europeans want to get away from the high taxes they pay in Europe and the cold weather.  I also like the easy life style of the PI.  I am Familiar with the location of Balicasag Island but I never went there coz I am not a diver.  When you have time I would like to know more about what you experienced while diving there and Panglao Island.  
Peter Lee