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Conducting "Due Diligence" in the Philippines. 

Crisjer Cadampog
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In this video, you will learn the crucial steps for conducting due diligence before purchasing land in the Philippines. Stay informed and protect yourself with this comprehensive guide.
This content is designed for educational purposes and is part of a project requirement for our Land Law course under Atty. Hazel Espina.
#landlaw #realestate #duediligenceonland #landtitle

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24 июл 2024

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Комментарии : 5   
@CrisjerCadampog
@CrisjerCadampog Месяц назад
How to conduct due diligence: (1) verify the origin, history, authenticity, and validity of the title with the Office of the Register of Deeds and the Land Registration Authority; (2) engage the services of a competent and reliable geodetic engineer to verify the boundary, metes, and bounds of the lot subject of said title based on the technical description in the said title and the approved survey plan in the Land Management Bureau; (3) conduct an actual ocular inspection of the lot; (4) inquire from the owners and possessors of adjoining lots with respect to the true and legal ownership of the lot in question; (5) put up signs that said lot is being purchased, leased, or encumbered; and (6) undertake such other measures to make the general public aware that said lot will be subject to alienation, lease, or encumbrance by the parties. (Domingo Realty v. Court of Appeals. Read more lawphil.net/judjuris/juri2007/jan2007/gr_126236_2007.html )
@CrisjerCadampog
@CrisjerCadampog Месяц назад
In relation to the concept of due diligence, please also include this principle: If, in the course of your transaction, there will be a presence of anything which excites or arouses suspicion, then it is expected upon you to investigate and not merely rely on the certificate of title. As ruled by the Court in Yared v. Tiongco (2011), if one fails to investigate despite the presence of suspicious circumstances, one cannot be considered an innocent purchaser for value or a purchaser in good faith and, therefore, does not merit the protection of the law.
@CrisjerCadampog
@CrisjerCadampog Месяц назад
Registry of Deeds Directory - lra.gov.ph/registry-of-deeds/
@CrisjerCadampog
@CrisjerCadampog Месяц назад
Why is it important to know the origin or history of a title? People might feel secure in the belief that a buyer can rely solely on the correctness of the title without needing to investigate further. However, this sense of security is misplaced because case law shows that there are situations where the mirror principle does not apply. For example, in the case of Spouses Hwa Ping v. Ayala Land where the court said that "when a land registration decree is marred by severe irregularity that discredits the integrity of the Torrens system, the Court will not think twice in striking down such illegal title in order to protect the public against unscrupulous and illicit land ownership." In this case, the OCT Nos. 242, 244, and 1609, their transfer certificates, and instruments of conveyances that relied on the anomalous surveys, was absolutely declared void ab initio by the Supreme Court. In effect, this case is telling us that even if you rely, in good faith, on the correctness of the certificate of title, your acquisition of the property may still be nullified or voided by the Court if it will be found that the original registration of the property was marred by irregularities. Thus, the necessity to know the origin or history of the title. If you wish to read the case of Spouses Hwa Ping v. Ayala Land, you may click this link: elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63279
@CrisjerCadampog
@CrisjerCadampog Месяц назад
Please watch this video about the process of land registration in the Registry of Deed as discussed by Atty. Hazel Espina - ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-aEFhVxFkv8U.html
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