Archive for October, 2010


Re:   Sale of Untitled Parcel of Land

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED, made and executed in ______________,Philippines, by and between

__________________, of legal age, single/married to _______________, ______________ citizen, and with residence and postal address at ________________, hereinafter called the SELLER.

– and –

____________________, of legal age, single/married to _______________, ________________ citizen, and with residence and postal address at _____________________, hereinafter called the BUYER,

WITNESSETH:

THAT for and in consideration of the sum of ________________ PESOS (P___________), Philippine currency, the receipt where of his hereby acknowledged from the BUYER to the entire satisfaction of the SELLER, the said SELLER does by these presents sell, transfer and convey, in a manner absolute and irrevocable, in favor of the said BUYER, his/her heirs and assigns that certain real estate destined for, and in actual use as, ____________________ land, situated at ___________________, and more particularly bounded as follows:

Bounded on the N. by ____________; on the E. by ___________; on the S. by ____________; and on the W. by ____________; with an area of ________ square meters, more or less.

THAT the SELLER does hereby declare that the boundaries of the foregoing land are visible by means of (monuments, creeks, trees, etc.); that the permanent improvements existing thereon consist of ____________. (If none, state so.); that the land is assessed for the current year at P___________ as per Tax Declaration No. _________, and that the property is in present possession of the SELLER (or seller’s tenant or representative, as the case may be, but state the relation to the SELLER).

THAT the SELLER hereby covenants and agrees with said BUYER that he/she is a lawfully seized in fee of said premises, that the property is free and clear of all liens and encumbrances, that he/she has a perfect right to convey the same, and that he/she will warrant and forever defend the same unto said BUYER, his/her heirs and assigns against the lawful claims of third persons whomsoever;

THAT the property involved herein having not been previously registered under the Torrens system, the parties hereto have agreed to record this instrument under the provisions of Act 3344, as amended by Sec. 113 of P. D. 1529.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place first above written, on this ______ day of _____________, 20 ___.

______________________             ________________________

Seller                                       Buyer

TAN ________                            TAN ________

WITH MY MARTIAL CONSENT:

______________________

Spouse of seller

SIGNED IN THE PRESENCE OF:

____________________________             _____________________________

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ______________)SS.1

CITY/MUNICIPALITY OF_______)

At ___________, Philippines, on this ____ day of ______, 20 ___, personally appeared ________________, with T. A. N. ­­­­______, and Residence Certificate No. ______________ issued at _________ on 20 ____, known to me the same person who executed the foregoing instrument, and acknowledged that the same is his/her free act and deed.

Doc No.       _______

Page No.     _______

Book No.     _______

Series of 20 _______

Aform0011

For advice on above subject, you may contact J.A.B. Bulao & Associates at attybulao@gmail.com.

REPUBLIC OF THE PHILIPPINES)

_____________________                ) SS.

AFFIDAVIT

I, ________________________, of legal age, ____________, and with address at ___________________________, under oath, state:

  1. THAT I __________________________;
  2. xxxxxx
  3. xxxxxx

4.       THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this _________________ at ________________________.

_____________________

Affiant

SUBSCRIBED AND SWORN to before me this _______________ at _______________, Affiant exhibiting to me his/her Comm. Tax Cert. _____________ issued at ______________ on _________________.

Doc No. ________;

Page No. _______ ;

Book No. _______;

Series of ________.

For advice on above subject, you may contact J.A.B. Bulao & Associates at jabblaw@yahoo.com or send a message to  Cell No. 09155205254.

 

FREQUENTLY ASKED QUESTIONS:

 

CAN FOREIGNERS PUT UP A 100% FOREIGN-OWNED CORPORATION?

YES,  FOREIGNERS CAN PUT UP A 100% FOREIGN-OWNED DOMESTIC MARKET COMPANY PROVIDED THAT:

THE CORPORATION THEY WILL PUT UP WILL NOT FALL UNDER INVESTMENT NEGATIVE LIST “A” (EXECUTIVE ORDER NO. 858, 05 FEBRUARY 2010). IN THIS LIST FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION AND SPECIAL LAWS.

THE CORPORATION THEY WILL PUT UP WILL HAVE PAID-UP CAPITAL OF NOT LESS THAN THE EQUIVALENT OF US$200,000.00 OR US$100,000.00 PROVIDED THEIR COPORATION WILL INVOLVE ADVANCE TECHNOLOGY OR EMPLOY AT LEAST FIFTY DIRECT EMPLOYEES.

 

SUPPOSE, THE PROPONENTS DO NOT HAVE SUCH PAID-UP CAPITAL,  IS THERE ANY OTHER OPTION ASIDE FROM THE ABOVE?

YES, THEY MAY INCORPORATE A COMPANY AS AN EXPORT ENTERPRISE. PURSUANT TO THE FOREIGN INVESTMENT ACT OF 1991. UNDER SECTION 6 THEREOF, FOREIGN INVESTMENT IN EXPORT ENTERPRISES WHOSE PRODUCTS AND SERVICES DO NOT FALL WITHIN THE FOREIGN INVESTMENT NEGATIVE LIST IS ALLOWED UP  TO 100% OWNERSHIP. UNDER SECTION 3, THEREOF EXPORT ENTERPRISE IS DEFINED AS:

“e)       the term “export enterprise” shall mean an enterprise wherein a manufacturer, processor or service (including tourism) enterprise exports sixty percent (60%) or more of its output, or wherein a trader purchases products domestically and exports sixty percent (60%) or more of such purchases;”

 

WHAT IS THIS NEGATIVE LIST?

BELOW IS A COPY OF EXECUTIVE ORDER 858 AND ACCOMPANYING NEGATIVE LIST.

EXECUTIVE ORDER NO. 858

FORMULATING THE

EIGHT REGULAR FOREIGN INVESTMENT NEGATIVE LIST

WHEREAS, Republic Act (RA) No. 7042 also known as the Foreign Investment Act of 1991, as amended by RA 8179, provides for the formulation of a Regular Foreign  Investment Negative List covering investment areas/activities which may be opened to foreign investor and/or reserved to Filipino nationals;

            WHEREAS, there is a need to formulate the Eight Regular foreign Investment Negative List, replacing the 7th Regular Foreign Investment Negative List, to reflect changes to List A and B, as recommended by concerned government agencies;

            NOW THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

            SECTION 1. Only the investment areas and/or activities listed in the Annex hereof shall be reserved to Philippine nationals, and hereafter shall be referred to as the Eight Regular foreign Investment Negative List. The extent of foreign equity participation in these areas shall be limited to the percentages indicated in the List.

            SECTION 2. Any amendment to List A maybe made at any time to reflect changes instituted in specific laws while amendments to List B shall not be made more often than once every two years, pursuant to Section 8 of RA 7042 as amended, and its revised Implementing Rules and Regulations.

            SECTION 3. All orders, issuance, rules and regulations or parts thereof, which are inconsistent with this Order are hereby revoked or modified accordingly.

            SECTION 4. This Executive Order shall take effect 15 days after publication in a newspaper of general circulation.

            DONE in the City of Manila, this 5th day of February, in the year of our Lord, Two Thousand and Ten.

By the President:

ANNEX

EIGHTH REGULAR FOREIGN INVESTMENT NEGATIVE LIST

LIST A: FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION AND SPECIFIC LAWS

No Foreign Equity

  1. Mass media except according (Art. XVI, Sec. 11 of the Constitution ; Presidential Memorandum dated 04 May 1994)
  2. Practice of all professions (Art. XII, Sec. 14 of the Constitution, Sec. 1 of RA 5181)
    1. Engineering
      1.       Aeronautical engineering (PD 1570)

ii.        Agricultural engineering (RA 8559)

  1. Chemical engineering (RA 9297)
  2. Civil engineering (RA 1582)
  3. Electrical engineering (RA 7920)
  4. Electronics and communication engineering (RA 9292)
  5. Geodetic engineering (RA 8560)
  6. Mechanical engineering (RA 8495)
  7. Metallurgical engineering (PD 1536)
  8. Mining engineering (RA 4274)
  9. Naval architecture and marine engineering (RA 4565)
  10. Sanitary engineering (RA 1364)
  11. Medicine and allied professions
    1.       Medicine (RA 2382 as amended by RA 4224)

ii.        Medical technology (RA 5527 as amended by RA6138.PD                                                                                          498 and PD 1534)

iii.       Dentistry (RA 9484)

iv.        Midwifery (RA 7392)

v.         Nursing (RA 9173)

vi.        Nutrition and dietetics (PD 1286)

vii.       Optometry (RA 8050)

viii.      Pharmacy (RA 5921)

ix.        Physical and occupational therapy (RA 5680)

  1. Radiologic and x-ray technology (RA 7431)

xi.       Veterinary medicine (RA 9268)

  1. Accountancy (RA 9298)
  2. Architecture (RA 9266)
  3. Criminology (RA 6506)
  4. Chemistry (RA 754)
  5. Customs brokerage (RA 9280)
  6. Environmental planning (PD 1308)
  7. Forestry (RA 6239)
  8. Geology (RA 4209)
  9. Interior design (RA 8534)
  10. Landscape architecture (RA 9053)
  11. Law (Art. VIII, Section 5 of the constitution; Rule 138, Sec. 2 of the Rules of Court of the Philippines)
  12. Librarianship (RA 9246)
  13. Marine desk officers (RA 8544)
  14. Marine engine officers (RA 8544)
  15. Master plumbing (RA 1378)
  16. Sugar technology (RA 5197)
  17. Social work (RA 4373)
  18. Teaching (RA 7836)
  19. Agriculture (RA 8435)
  20. Fisheries (RA 8550)
  21. Guidance counseling (RA 9258)
  22. Retail trade enterprises with paid-up capital of less than US$2,500,000 (Sec.5 of RA 8762)\
  23. Cooperatives (Ch. III, Art. 26 of RA 6938)
  24. Private security agencies (Sec.4 of RA 5487)
  25. Small-scale mining (Sec. of RA 7076)
  26. Utilization of marine sources in archipelagic waters, territorial sea, and exclusive economic zone as well as small-scale utilization of natural resources in rivers, lakes, bays, and lagoons (Art. XII, Sec. 2 of the constitution)
  27. Ownership, operation and management of cockpits (Sec. 5 of PD 449)
  28. Manufacture, repair, stockpiling and/or distribution of nuclear weapons (Art. II, Sec. 8 of the Constitution)

10.  Manufacture, repair, stockpiling and/or distribution of biological, chemical and radiological weapons and anti-personnel mines (various treaties to which the Philippines is a signatory and conventions supported by the Philippines)

11.  Manufacture of firecrackers and other pyrotechnic devices (Sec. 5 of RA 7183)

Up to Twenty Percent (20%) Foreign Equity

12.  Private radio communications network (RA 3846)

Up to Twenty-Five Percent (25%) Foreign Equity

13.  Private recruitment, whether for local or overseas employment (Art. 27 of PD 442)

  1. Contracts for the construction and repair of locally-funded public works (Sec. 1 of Commonwealth Act No. 541, Letter of Instruction No. 630) except:
    1. Infrastructure/development projects covered in RA 7718;and
    2. Projects which are foreign funded or assisted and required to undergo international competitive bidding (Sec. 2(a) of RA 7718)

15.  Contracts for the construction of defense-related structures (Sec. 1 of CA 541)

Up to Thirty Percent (30%) Foreign Equity

16. Advertising (Art. XVI, Sec. 11 of the Constitution)

      Up to Forty Percent (40%) Foreign Equity

17. Exploration, development and utilization of natural resources (Art. XII, Sec. 2 of Constitution)

      18. Ownership of private lands (Art. XII, Sec. 7 of the Constitution; Ch. 5,                           Sec. 22 of CA 141 Sec. 4 of RA 9182)

      19. Operation and management of public utilities (Art. XII, Sec. 11 of the Constitution; Sec. 16 of CA 146)

       20. Ownership/establishment and administration of educational institutions (Art. XIV, Sec. 4 of the Constitution)

       21. Culture, production, milling, processing, trading except retailing, of rice and corn and acquiring, by barter, purchase or otherwise, rice and corn and by products thereof (Sec. 5 of PD 194)

       22. Contracts for the supply of materials, goods and commodities to government-owned or controlled corporation, company, agency or municipal corporation (Sec. 1 RA 5183)

       23. Project proponent and facility operator of a BOT Project requiring a public utilities franchise (Art. XII, Sec. 11 of the Constitution; Sec. 2(a) of RA 7718)

       24. Operation of deep sea commercial fishing vessels (Sec. 27 of RA 8550)

       25. Adjustment companies (Sec. 323 of PD 612 as amended by PD 1814)

       26. Ownership of condominium units where the common areas in the condominium project are co-owned by the owners of the separate units or owned by a corporation (Sec. 5 of RA 4726)

 Up to Sixty Percent (60%) Foreign Equity

        27. Financing companies regulated by the Securities and Exchange Commission (SEC) (Sec. 6 or RA 5980 as amended by RA 8556)

       28. Investment houses regulated by the SEC (Sec. 5 of PD 129 as amended by RA 8366)

LIST B: FOREIGN OWNERSHIP IS LIMITED FOR REASONS OF SECURITY, DEFENSE, RISK TO HEALTH AND MORALS AND PROTECTION OF SMALL-AND MEDIUM-SCALE ENTERPRISES

Up to Forty Percent (40%) Foreign Equity

1. Manufacture, repair, storage, and/or distribution of products and/or ingredients requiring Philippine National Police (PNP) clearance:

    a. Firearms (handguns to shotguns), parts of firearms and ammunition therefore, instruments or implements used or intended to be used in the manufacture of firearms

    b. Gunpowder

    c. Dynamite

    d. Blasting supplies

    e. Ingredients used in making explosives;

             i.         Chlorates of potassium and sodium

            ii.         Nitrates of ammonium, potassium, sodium barium, copper (11), lead (11), calcium and cuprite.

            iii.       Nitric acid

            iv.        Nitrocellulose

            v.         Perchlorates of ammonium, potassium and sodium

            vi.        Dinitrocellulose

vii.       Glycerol

viii.      Amorphous phosphorus

            ix.        Hydrogen peroxide

            x.         Strontium nitrate powder

xi.        Toluene

        f. Telescopic sights, sniper scope and other similar device

However, the manufacture or repair of these items may be authorized by the chief of the PNP to non-Philippine nationals; Provided that a substantial percentage of output, as determined by the said agency, is exported. Provide further that the extent of foreign equity ownership allowed shall be specified in the said authority/clearance (RA 7042 as amended by RA 8179)

2. Manufacture, repair, storage and/or distribution of products requiring    Department of National Defense (DND) clearance:

      a.   Guns and ammunition for warfare

      b.   Military ordnance and parts thereof (e.g., torpedoes, depth charges, bombs, grenades, missiles)

      c.   Gunnery, bombing and fire control systems and components

      d.   Guided missiles/missile system and components

      e.   Tactical aircraft (fixed and rotary-winged), parts and components thereof

      f.    Space vehicles and components system

      g.   Combat vessels (air, land and naval) and auxiliaries

      h.   Weapons repair and maintenance equipment

      i.    Military communications equipment

      j.    Night vision equipment

      k.   Stimulated coherent radiation devices, components and accessories

      l.    Armament training device

     m.   Others as may be determined by the secretary of the DND

However, the manufacture or repair of these items may be authorized by the secretary of National Defense to non-Philippine nationals; Provided that a substantial percentage of output, as determined by the said agency is exported. Provide further that the extent of foreign equity ownership allowed shall be specified in the said authority/clearance (RA 7042 as amended by RA 8179)

3. Manufacture and distribution of dangerous drugs (RA 7042 as amended by RA    8179)

4. Sauna and steam bathhouse, massage clinics and other like activities regulated by law because of risk posed to public health and morals (RA 7042 as amended by RA 8179)

5. All forms of gambling (RA 7042 as amended by RA8179), except those covered by investment agreements with PAGCOR (RA 9487) operating within special economic zones administered by the Philippine Economic Zone Authority (RA 7916)

6. Domestic market enterprises with paid-in equity capital of less than the equivalent of US$200,000 (RA 7042 as amended by RA 8179)

7.Domestic market enterprises which involve advanced technology or employ at least fifty (50) direct employees with paid-in-equity capital of less than the equivalent of US$100,000 (RA7042 as amended by RA 8179)

For advice on above subject, you may contact J.A.B. BULAO & ASSOCIATES  at jabblaw@yahoo.com or send a message to Cell No. 09155205254..