View Full Version : Procedure for getting married in Philipinnes
stuartfarm
4th October 2007, 12:44
Hi
Has any one out there actually got married in the Philipinnes ?
I would like to the procedure envolved
I know I must take my Certificate of non Impedement to Embassy - what after that
What do they issue me with , how long does it take , Do I need to get these paper(s) translated in Fillipino
Then what do my GF and me do next
Thanks in advance
charlwill
4th October 2007, 13:50
Hi
Has any one out there actually got married in the Philipinnes ?
I would like to the procedure envolved
I know I must take my Certificate of non Impedement to Embassy - what after that
What do they issue me with , how long does it take , Do I need to get these paper(s) translated in Fillipino
Then what do my GF and me do next
Thanks in advance
Take the Certificate of Non Impediment to the British Embassy, Manila. They will issued you new one, looks exactly the same with what you handed to them. No difference and you will pay them again. It will take maximum of 1 hour. Then take that certificate of Non Impediment to the civil registrar office when you and your gf apply for a license to marry and I think you will sumbit yourself to an AIDS test prior to your application for a license to marry.
aug06_2006
4th October 2007, 15:49
Better you should get the Certificate of Non Impediment here in Uk.
In my experienced when my hubby visited me in Phil. and we dicided there to got married. Then we went to the local register office asked what are his req. to be needed. The registrar office told us that he need to showed his passport and Certificate of Non Impediment. And we got problem of that time because he didn't bring that certificate. Then what he did he phoned the Uk Embassy and asked about that certificate and embassy said they will sent it within 10 days more. My hubby didn't wait because his holiday was only booked in 2 weeks. So what was the result no wedding happened.
After, we are dicided to got fiancee visa and married here in Uk. It was still successful and now we are happily live together.hmmm hmmm God is Great!
stuartfarm
4th October 2007, 16:14
Hi
Yes plan to get CNI here in UK , but only valid for 3 months so I need to wait till decemeber to apply
My questions were more what do after I get Embassy to issue certificate
Can we apply straight away for marriage licence - I read stories that we must attend seminar of marriage before we apply . Now also Charwill mentions AIDS test.
Can we file papers first and then go and do these things.
Main issue is time - I'm only there in Phills for 4 weeks but over Christmas and new year , so that takes a chunk out of our available time
aromulus
4th October 2007, 16:40
Hi
Yes plan to get CNI here in UK , but only valid for 3 months so I need to wait till decemeber to apply
My questions were more what do after I get Embassy to issue certificate
Can we apply straight away for marriage licence - I read stories that we must attend seminar of marriage before we apply . Now also Charwill mentions AIDS test.
Can we file papers first and then go and do these things.
Main issue is time - I'm only there in Phills for 4 weeks but over Christmas and new year , so that takes a chunk out of our available time
If the CNI is posted for the customary 21 days at the Registrars in the Uk, there won't be the need to have it posted at the Embassy, thus saving time.
It can be exchanged on the same day, for a legal permission to marry, if you make an appointment with the Local Consulate.
In Cebu it is a doddle.:xxgrinning--00xx3:
Your Marriage licence, has to be posted at the local court for 10 working days, so maybe, getting it done over Xmas and new years ain't that good an idea due to the long holiday break.
But i wish you all the best of luck.:xxgrinning--00xx3::xxgrinning--00xx3:
Seminar of marriage...??? That is news to me, we did get married only last february and it was not required.
I am not sure about it now.
I am sure your Fiancee can make a couple of phone calls to check that one out.
AIDS Test....?:Erm: Again, it is news to me.:Erm:
First time I see it mentioned.
Dom
charlwill
4th October 2007, 17:20
Hi
Yes plan to get CNI here in UK , but only valid for 3 months so I need to wait till decemeber to apply
My questions were more what do after I get Embassy to issue certificate
Can we apply straight away for marriage licence - I read stories that we must attend seminar of marriage before we apply . Now also Charwill mentions AIDS test.
Can we file papers first and then go and do these things.
Main issue is time - I'm only there in Phills for 4 weeks but over Christmas and new year , so that takes a chunk out of our available time
Stuart,
Why, December? why not, next month? when you apply CNI here in the UK, they will release to you in a month's time. So, I think you better apply it next month (November).
Well, as what I remember when me and my husband (now ex) got married to the Philippines after we went to British Embassy, Manila to exchange his CNI. We went home to my home city in Bacolod, the following morning the same day we went to he hospital for his AIDS test it just took only maximum of 3 hours and we have the result of the test. About the seminar or marriage counselling it can be easily arrange that you will not going to attend. Just give a few pesos.
License to marry is release after 16 t0 18 days. So, I think ur plan is a bit impossible knowing that December has alot of holiday.
ginapeterb
4th October 2007, 17:23
Stuart
Use the search function at the top of the forum, you must comply with the Marriage to Foreigners act 1911, and the Philippine Family code, for instance, have you checked out what the code says about conjugal property, or as shown in the family code, Community property, its very interesting and tells you all about your rights under Philippine law.
Little do Brits realize just what great protection the Philippine Family code, can give them, you should also check out the code about scandalous conduct, the Philippine family code is a wealth of very unusual laws...its well worth a read, for entertainment alone.
But...check out my marriage pages...they are pretty up to date.
andypaul
4th October 2007, 19:16
Does your Girlfriend know anyone at the local town hall?
Im not implying so you can cheat or bypass any procedures, but my Wife had a contact who helped push the papers along. We all know its not what you know its who you know sometimes.
For example after our wedding the contact got our papers signed asap and ran round the office sorting everything which was no problem for her as she knew them all. She then got them posted off to the NSO asap which is vital to get the NSO version of the marriage cert for the Visa application.
joyce
5th October 2007, 07:43
Hi
Yes plan to get CNI here in UK , but only valid for 3 months so I need to wait till decemeber to apply
My questions were more what do after I get Embassy to issue certificate
Can we apply straight away for marriage licence - I read stories that we must attend seminar of marriage before we apply . Now also Charwill mentions AIDS test.
Can we file papers first and then go and do these things.
Main issue is time - I'm only there in Phills for 4 weeks but over Christmas and new year , so that takes a chunk out of our available time
No, don't wait till december, you can get your CNI now there in UK bcoz it takes about 15 days before you can get your copy from your local registrar. The one that you got from your local registrar you will take it to the embassy in Manila and they will exchange it with the one that you will bring to the local registrar in the philippines. You have to pay to the embassy for that certificate.
4 weeks stay in the phil. is ok. When you got already your CNI from the embassy go directly to the local registrar where your gf live. If you are divorced you have to bring your divorced certificate, CNI issued from the embassy,passport and your birth certificate. You should photo copy all the papers. About your gf she should get her CENOMAR and her birth certificate from the NSO. You have to attend a one day pop com seminar. It takes about 11 days from the date of your filing your application before you can get married.
About the AIDS test the registrar didn't asked it to us.
stuartfarm
5th October 2007, 08:14
Hi to all,
Reason why I wait to decemeber is that this is the only time I can get long enough off my work to come to the Phills
Heres the plan
First week Nov apply for CNI
Dec1 apply for visitors visa for myself
Dec 6-8 Get CNI plus visa
Dec 20 arrive in Manila , go to embassy and exchange CNI
Dec 24 - attend Seminar
Dec 27 Go to Mindanao , Hand in papers to Register
Jan 9-10 pick up papers from Register
Jan 12 get married
Jan 16 fly back to UK
Very tight I know but I hope we have some good luck
fred
5th October 2007, 08:46
Crickey..An aids test?? Thats a bit strong!! Are you sure?
I heared that taking such tests can effect applications for things like life insurance..
Imagine it came back positive!! That would certainly put the mockers on events!!
ginapeterb
5th October 2007, 09:14
Yes Fred, I have to admit, I find the AIDS Test comment a little laughable, the Philippine district marriage offices do not ask applicants to take an AIDS Test, they would probably expect to see some paperwork to show they have visited the rural health unit.
This can be bypassed easily by payment of a small fee.
ginapeterb
5th October 2007, 09:19
Hi to all,
Reason why I wait to decemeber is that this is the only time I can get long enough off my work to come to the Phills
Heres the plan
First week Nov apply for CNI
Dec1 apply for visitors visa for myself
Dec 6-8 Get CNI plus visa
Dec 20 arrive in Manila , go to embassy and exchange CNI
Dec 24 - attend Seminar
Dec 27 Go to Mindanao , Hand in papers to Register
Jan 9-10 pick up papers from Register
Jan 12 get married
Jan 16 fly back to UK
Very tight I know but I hope we have some good luck
Stuart,
I think your plan will work out my freind, if you are applying for a Certificate of no impediment to marriage from a district registrar in the UK, you would have to wait at least 21 days for the certificate to be issued, your intended marriage must be displayed for at least that amount of time.
Having said that if you apply in 1st week of November, you should have it back at the end of the 3rd week, make sure you call them and make an appointment to visit.
Also, are you allowing for the Filipino christmas, I think you might be cutting it fine, however pay people express fees, that normally does the trick, you might get your marriage licence back in time, but then again, why worry, if you dont have the marriage licence, just get married anyway, if the wedding is in front of a member of the judiciary, such as a Judge, tell the Judges office the problem, the Judge can normally officiate at your wedding, and carry out the solemnization of your marriage, he or she would normally take the signed marriage contract back to their chambers, to have it prepared to be sent to NSO.. they will simply forward it when your marriage licence is valid.
These things are normally pretty laid back in the Philippines, paperwork is never a problem, provided of course the relevant palms have been greased with the required amount of cash.
So you should be fine....enjoy the time you have there, and dont forget, if the wedding is in a hotel, make sure the Judge is one of your guests, and also, tip the judge give him or her a little extra, say P500.00 or P1000.00 better P1000.00 if you can, this always help to ensure the papers are smooth and there are no hold ups, if the Judge is also eating at your wedding, you might seem them do a dissapearing act once they have eaten, dont be offended by this...its par for the course.
stuartfarm
5th October 2007, 10:30
Thanks Pete
As always your advise is most welcome
One last question - If something goes wrong and we don't get marriage licence back in time before I depart to UK. How long is this licence valid for.
I mean can my GF get this licence and then wait for me to come back in April to go to register papers
Thanks
Stuart
vbkelly
5th October 2007, 11:44
Stuart,
I think your plan will work out my freind, if you are applying for a Certificate of no impediment to marriage from a district registrar in the UK, you would have to wait at least 21 days for the certificate to be issued, your intended marriage must be displayed for at least that amount of time.
Having said that if you apply in 1st week of November, you should have it back at the end of the 3rd week, make sure you call them and make an appointment to visit.
Also, are you allowing for the Filipino christmas, I think you might be cutting it fine, however pay people express fees, that normally does the trick, you might get your marriage licence back in time, but then again, why worry, if you dont have the marriage licence, just get married anyway, if the wedding is in front of a member of the judiciary, such as a Judge, tell the Judges office the problem, the Judge can normally officiate at your wedding, and carry out the solemnization of your marriage, he or she would normally take the signed marriage contract back to their chambers, to have it prepared to be sent to NSO.. they will simply forward it when your marriage licence is valid.
These things are normally pretty laid back in the Philippines, paperwork is never a problem, provided of course the relevant palms have been greased with the required amount of cash.
So you should be fine....enjoy the time you have there, and dont forget, if the wedding is in a hotel, make sure the Judge is one of your guests, and also, tip the judge give him or her a little extra, say P500.00 or P1000.00 better P1000.00 if you can, this always help to ensure the papers are smooth and there are no hold ups, if the Judge is also eating at your wedding, you might seem them do a dissapearing act once they have eaten, dont be offended by this...its par for the course.
AIDS test its a bit new to me gosh it so funny hahahha,anyway CNI last for 3months and as i remember before my husband went to PI to marraige me the ban of marraige is already posted here in UK embassy for 21 days then before he going to PI he booked for appointment to UK embassy manila to change that the CNI in local one so we can submit it in my local registry so he don't need to stay in the PI 21 days before we got married.
vbkelly
5th October 2007, 11:54
Hi
Yes plan to get CNI here in UK , but only valid for 3 months so I need to wait till decemeber to apply
My questions were more what do after I get Embassy to issue certificate
Can we apply straight away for marriage licence - I read stories that we must attend seminar of marriage before we apply . Now also Charwill mentions AIDS test.
Can we file papers first and then go and do these things.
Main issue is time - I'm only there in Phills for 4 weeks but over Christmas and new year , so that takes a chunk out of our available time
stuart you don't need an AIDS test they dont require that as long as you know you don't have it
eula mackay
5th October 2007, 12:29
vbkelly is right. AIDS test is not required, it is not a prerequisite to be able to obtain a marriage license regardless if it is a church or a civil wedding. lets just suppose that one is infected, i have not heard of any law in any country that limits their right to marry due to their infection. some people may voluntarily do it to assure their future husband/wife that their are "safe" to be married.
good luck and best wishes.
eula mackay
5th October 2007, 12:34
thats actually that was "that they're "safe to be married".....
waiting for a visa affects my grammar. lol.
kimmi
5th October 2007, 13:04
hi eula, i tried the number u gave me for the follow up of visa..but they gave me the numbers of the VFS 1-903- something..:(
stuartfarm
5th October 2007, 13:58
Hi Pete
Okay looks like we can forget about the AIDS test.
I looked up the Philippine Family code
Any idea what the following means ? I intend to work for another 10-15 years in the UK , save hard and buy a property - maybe 3M pesos in Phills to retire to
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law.
eula mackay
5th October 2007, 14:41
hi eula, i tried the number u gave me for the follow up of visa..but they gave me the numbers of the VFS 1-903- something..:(
sent you a private message:)
fred
5th October 2007, 15:56
Hi Pete
Okay looks like we can forget about the AIDS test.
I looked up the Philippine Family code
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law.
Not sure why you bother with the Philippine Family code.
When you buy land here in your Natural born Filipina wife`s name it is effectively hers and hers alone.You can buy an unlimited amount of land and spend an unlimited amount on the house.
If you were (God forbid)to split then you will be entitled to zilch..
And thats that.
Property Ownership Laws. Foreign Nationals Beware of buying Land in the Philippines
Foreign Nationals can only own Philippine Real Estate through the purchase of Condominium Units or Townhouses constituted under the Condominium principle with Condominium Certificates of Title
Hereunder is a copy of the Supreme Court ruling and current jurisprudence relative to a Foreign National illegally claiming ownership of the Land in the Philippines.
FIRST DIVISION IN RE: PETITION FOR G.R. No. 149615
SEPARATION OF PROPERTY
ELENA BUENAVENTURA MULLER,
- versus -
HELMUT MULLER,
August 29, 2006
This petition for review on certiorari[1] assails the February 26, 2001 Decision[2] of the Court of Appeals in CA-G.R. CV No. 59321 affirming with modification the August 12, 1996 Decision 3] of the Regional Trial Court of Quezon City, Branch 86 in Civil Case No. Q-94-21862, which terminated the regime of absolute community of property between petitioner and respondent, as well as the Resolution[4] dated August 13, 2001 denying the motion for reconsideration.
The facts are as follows:
Petitioner Elena Buenaventura Muller and respondent Helmut Muller were married in Hamburg, Germany on September 22, 1989. The couple resided in Germany at a house owned by respondent's parents but decided to move and reside permanently in the Philippines in 1992. By this time, respondent had inherited the house in Germany from his parents which he sold and used the proceeds for the purchase of a parcel of land in Antipolo, Rizal at the cost of P528,000.00 and the construction of a house amounting to P2,300,000.00. The Antipolo property was registered in the name of petitioner under Transfer Certificate of Title No. 219438[5] of the Register of Deeds of Marikina, Metro Manila.
Due to incompatibilities and respondent's alleged womanizing, drinking, and maltreatment, the spouses eventually separated. On September 26, 1994, respondent filed a petition[6] for separation of properties before the Regional Trial Court of Quezon City.
On August 12, 1996, the trial court rendered a decision which terminated the regime of absolute community of property between the petitioner and respondent. It also decreed the separation of properties between them and ordered the equal partition of personal properties located within the country, excluding those acquired by gratuitous title during the marriage. With regard to the Antipolo property, the court held that it was acquired using paraphernal funds of the respondent. However, it ruled that respondent cannot recover his funds because the property was purchased in violation of Section 7, Article XII of the Constitution. Thus –
However, pursuant to Article 92 of the Family Code, properties acquired by gratuitous title by either spouse during the marriage shall be excluded from the community property. The real property, therefore, inherited by petitioner in Germany is excluded from the absolute community of property of the herein spouses. Necessarily, the proceeds of the sale of said real property as well as the personal properties purchased thereby, belong exclusively to the petitioner. However, the part of that inheritance used by the petitioner for acquiring the house and lot in this country cannot be recovered by the petitioner, its acquisition being a violation of Section 7, Article XII of the Constitution which provides that "save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations or associations qualified to acquire or hold lands of the public domain." The law will leave the parties in the situation where they are in without prejudice to a voluntary partition by the parties of the said real property. x x x
x x x x
As regards the property covered by Transfer Certificate of Title No. 219438 of the Registry of Deeds of Marikina, Metro Manila, situated in Antipolo, Rizal and the improvements thereon, the Court shall not make any pronouncement on constitutional grounds.[7]
Respondent appealed to the Court of Appeals which rendered the assailed decision modifying the trial court's Decision. It held that respondent merely prayed for reimbursement for the purchase of the Antipolo property, and not acquisition or transfer of ownership to him. It also considered petitioner's ownership over the property in trust for the respondent. As regards the house, the Court of Appeals ruled that there is nothing in the Constitution which prohibits respondent from acquiring the same. The dispositive portion of the assailed decision reads:
.......................................................................................................................................................................
Here`s the Good news!!
WHEREFORE, in view of the foregoing, the Decision of the lower court dated August 12, 1996 is hereby MODIFIED. Respondent Elena Buenaventura Muller is hereby ordered to REIMBURSE the petitioner the amount of P528,000.00 for the acquisition of the land and the amount of P2,300,000.00 for the construction of the house situated in Antipolo, Rizal, deducting there from the amount respondent spent for the preservation, maintenance and development of the aforesaid real property including the depreciation cost of the house or in the alternative to SELL the house and lot in the event respondent does not have the means to reimburse the petitioner out of her own money and from the proceeds thereof, reimburse the petitioner of the cost of the land and the house deducting the expenses for its maintenance and preservation spent by the respondent. Should there be profit, the same shall be divided in proportion to the equity each has over the property. The case is REMANDED to the lower court for reception of evidence as to the amount claimed by the respondents for the preservation and maintenance of the property.
SO ORDERED.
Oops.Here`s the bad news..
THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT THE RESPONDENT HEREIN IS ENTITLED TO REIMBURSEMENT OF THE AMOUNT USED TO PURCHASE THE LAND AS WELL AS THE COSTS FOR THE CONSTRUCTION OF THE HOUSE, FOR IN SO RULING, IT INDIRECTLY ALLOWED AN ACT DONE WHICH OTHERWISE COULD NOT BE DIRECTLY x x x DONE, WITHOUT DOING VIOLENCE TO THE CONSTITUTIONAL PROSCRIPTION THAT AN ALIEN IS PROHIBITED FROM ACQUIRING OWNERSHIP OF REAL PROPERTIES LOCATED IN THE PHILIPPINES.
:NoNo:
The only way this will ever change is if the UK US and other countries impose the same restrictions on Filipino nationals that we Brits are subject to in the Philippines in regards land ownership.
Should apply to all Filipino`s in the UK etc that were NOT born in Britain..British citizen or not...
This may well allow them to begin to understand the error of their ways and their draconian constitution.
After all ..whats good for the goose....
Of course..This is just a pipe dream.It will never happen.
ginapeterb
5th October 2007, 16:05
Thanks Pete
As always your advise is most welcome
One last question - If something goes wrong and we don't get marriage licence back in time before I depart to UK. How long is this licence valid for.
I mean can my GF get this licence and then wait for me to come back in April to go to register papers
Thanks
Stuart
Stuart,
You would need the marriage licence in Phils otherwise the judge cannot proceed, provided its on the way, they will normally carry on with your wedding, but unlike in UK where you receive your marriage contract on the day, in Phils you do not receive it straight away, it has to be sent to QC to be notarized and documented.
Pete
andypaul
5th October 2007, 18:34
Not sure why you bother with the Philippine Family code.
When you buy land here in your Natural born Filipina wife`s name it is effectively hers and hers alone.You can buy an unlimited amount of land and spend an unlimited amount on the house.
If you were (God forbid)to split then you will be entitled to zilch..
And thats that.
Property Ownership Laws. Foreign Nationals Beware of buying Land in the Philippines
Foreign Nationals can only own Philippine Real Estate through the purchase of Condominium Units or Townhouses constituted under the Condominium principle with Condominium Certificates of Title
Hereunder is a copy of the Supreme Court ruling and current jurisprudence relative to a Foreign National illegally claiming ownership of the Land in the Philippines.
FIRST DIVISION IN RE: PETITION FOR G.R. No. 149615
SEPARATION OF PROPERTY
ELENA BUENAVENTURA MULLER,
- versus -
HELMUT MULLER,
August 29, 2006
This petition for review on certiorari[1] assails the February 26, 2001 Decision[2] of the Court of Appeals in CA-G.R. CV No. 59321 affirming with modification the August 12, 1996 Decision 3] of the Regional Trial Court of Quezon City, Branch 86 in Civil Case No. Q-94-21862, which terminated the regime of absolute community of property between petitioner and respondent, as well as the Resolution[4] dated August 13, 2001 denying the motion for reconsideration.
The facts are as follows:
Petitioner Elena Buenaventura Muller and respondent Helmut Muller were married in Hamburg, Germany on September 22, 1989. The couple resided in Germany at a house owned by respondent's parents but decided to move and reside permanently in the Philippines in 1992. By this time, respondent had inherited the house in Germany from his parents which he sold and used the proceeds for the purchase of a parcel of land in Antipolo, Rizal at the cost of P528,000.00 and the construction of a house amounting to P2,300,000.00. The Antipolo property was registered in the name of petitioner under Transfer Certificate of Title No. 219438[5] of the Register of Deeds of Marikina, Metro Manila.
Due to incompatibilities and respondent's alleged womanizing, drinking, and maltreatment, the spouses eventually separated. On September 26, 1994, respondent filed a petition[6] for separation of properties before the Regional Trial Court of Quezon City.
On August 12, 1996, the trial court rendered a decision which terminated the regime of absolute community of property between the petitioner and respondent. It also decreed the separation of properties between them and ordered the equal partition of personal properties located within the country, excluding those acquired by gratuitous title during the marriage. With regard to the Antipolo property, the court held that it was acquired using paraphernal funds of the respondent. However, it ruled that respondent cannot recover his funds because the property was purchased in violation of Section 7, Article XII of the Constitution. Thus –
However, pursuant to Article 92 of the Family Code, properties acquired by gratuitous title by either spouse during the marriage shall be excluded from the community property. The real property, therefore, inherited by petitioner in Germany is excluded from the absolute community of property of the herein spouses. Necessarily, the proceeds of the sale of said real property as well as the personal properties purchased thereby, belong exclusively to the petitioner. However, the part of that inheritance used by the petitioner for acquiring the house and lot in this country cannot be recovered by the petitioner, its acquisition being a violation of Section 7, Article XII of the Constitution which provides that "save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations or associations qualified to acquire or hold lands of the public domain." The law will leave the parties in the situation where they are in without prejudice to a voluntary partition by the parties of the said real property. x x x
x x x x
As regards the property covered by Transfer Certificate of Title No. 219438 of the Registry of Deeds of Marikina, Metro Manila, situated in Antipolo, Rizal and the improvements thereon, the Court shall not make any pronouncement on constitutional grounds.[7]
Respondent appealed to the Court of Appeals which rendered the assailed decision modifying the trial court's Decision. It held that respondent merely prayed for reimbursement for the purchase of the Antipolo property, and not acquisition or transfer of ownership to him. It also considered petitioner's ownership over the property in trust for the respondent. As regards the house, the Court of Appeals ruled that there is nothing in the Constitution which prohibits respondent from acquiring the same. The dispositive portion of the assailed decision reads:
.......................................................................................................................................................................
Here`s the Good news!!
WHEREFORE, in view of the foregoing, the Decision of the lower court dated August 12, 1996 is hereby MODIFIED. Respondent Elena Buenaventura Muller is hereby ordered to REIMBURSE the petitioner the amount of P528,000.00 for the acquisition of the land and the amount of P2,300,000.00 for the construction of the house situated in Antipolo, Rizal, deducting there from the amount respondent spent for the preservation, maintenance and development of the aforesaid real property including the depreciation cost of the house or in the alternative to SELL the house and lot in the event respondent does not have the means to reimburse the petitioner out of her own money and from the proceeds thereof, reimburse the petitioner of the cost of the land and the house deducting the expenses for its maintenance and preservation spent by the respondent. Should there be profit, the same shall be divided in proportion to the equity each has over the property. The case is REMANDED to the lower court for reception of evidence as to the amount claimed by the respondents for the preservation and maintenance of the property.
SO ORDERED.
Oops.Here`s the bad news..
THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT THE RESPONDENT HEREIN IS ENTITLED TO REIMBURSEMENT OF THE AMOUNT USED TO PURCHASE THE LAND AS WELL AS THE COSTS FOR THE CONSTRUCTION OF THE HOUSE, FOR IN SO RULING, IT INDIRECTLY ALLOWED AN ACT DONE WHICH OTHERWISE COULD NOT BE DIRECTLY x x x DONE, WITHOUT DOING VIOLENCE TO THE CONSTITUTIONAL PROSCRIPTION THAT AN ALIEN IS PROHIBITED FROM ACQUIRING OWNERSHIP OF REAL PROPERTIES LOCATED IN THE PHILIPPINES.
:NoNo:
The only way this will ever change is if the UK US and other countries impose the same restrictions on Filipino nationals that we Brits are subject to in the Philippines in regards land ownership.
Should apply to all Filipino`s in the UK etc that were NOT born in Britain..British citizen or not...
This may well allow them to begin to understand the error of their ways and their draconian constitution.
After all ..whats good for the goose....
Of course..This is just a pipe dream.It will never happen.
Blimey thats a read and a half.
We touched on this in another post, that the goverment by doing this is stopping investment in the country. Don't allow forigners to own bussinesses or propety and how exactly do you intend to kickstart your ecomony:Erm:
The goverment would be better off allowing plots areas of towns to be owned by forigeners (otherwise whole towns i guess could get bought up forcing out the locals). The money from services the forigners would need would revitalise the entire town. Also allowing forigners to own bussinesses possibly with condtions to ensure they pay tax and employ local people, would again boost the ecomony.
If they need an example look at the UK, which has huge forigen investment and ownership of business and proptey.
But hey no bury yer head in the sand,
fred
6th October 2007, 00:04
Yes I agree...It would be a simple process to put a limit on the size of the lot a foreigner can buy.
An Englishman's house is his castle..His castle in the Philippines is pure folly.
ginapeterb
6th October 2007, 08:36
Blimey thats a read and a half.
We touched on this in another post, that the goverment by doing this is stopping investment in the country. Don't allow forigners to own bussinesses or propety and how exactly do you intend to kickstart your ecomony:Erm:
The goverment would be better off allowing plots areas of towns to be owned by forigeners (otherwise whole towns i guess could get bought up forcing out the locals). The money from services the forigners would need would revitalise the entire town. Also allowing forigners to own bussinesses possibly with condtions to ensure they pay tax and employ local people, would again boost the ecomony.
If they need an example look at the UK, which has huge forigen investment and ownership of business and proptey.
But hey no bury yer head in the sand,
An excellent well thought out and researched post Fred, just the sort of thing we need here at the forum, lots of research and help....well the German got well and truly shafted on that one...or as we say..he sure went down the toilet...
fred
6th October 2007, 09:17
He sure did Pete..Straight in the carzy and then shat on.
Anyway,Im no expert but I'm always happy to help if and when I can..
I just get worried for people ploughing through the family code just to find ways to get around the RP land laws.
I know of guys here that have spent a great deal of money and time on setting up corporations etc that in their minds give them security and land ownership via the back door.
They are sadly mistaken..
There are many anti sham laws here which are designed to protect the "integrity" of the constitution and these corporations set ups will be about as much use as a chocolate teapot should the ***** hit the fan.
I think I`ll give this subject a rest though if you don`t mind as It is really winding me up!! lol.
Fortunately my Mrs of 21 years would never allow this to happen..
We were both broke when we got married and our property here is as good as 50/50 as we earned it all together..
If she passed on (God forbid) before I drink myself to an early demise then the kids will inherit and then its as good as mine anyway..
When Im gone..It`s theirs.
That`ll do for me.
Cheers,
Fred.
tommyw
6th October 2007, 12:04
Hi, I got married just over a year ago. We done it in Quezon city hall. I think because we paid a bit extra, we never needed any of the seminars/counselling etc that you hear about.
To be honest, I was a bit confused by all the procedures involved, but
it wasn't as bad as I anticipated.
My friend just got wed in baguio 3 weeks ago and his bride had to have
counselling as she was only 22 yrs old.
As far as I can make out, it looks like rules vary slightly and can even
be waived by a few extra pesos. But maybe I'm cynical.
Good luck to you anyway my friend. I'm sure all will be fine.
andypaul
6th October 2007, 12:15
Hi, I got married just over a year ago. We done it in Quezon city hall. I think because we paid a bit extra, we never needed any of the seminars/counselling etc that you hear about.
To be honest, I was a bit confused by all the procedures involved, but
it wasn't as bad as I anticipated.
My friend just got wed in baguio 3 weeks ago and his bride had to have
counselling as she was only 22 yrs old.
As far as I can make out, it looks like rules vary slightly and can even
be waived by a few extra pesos. But maybe I'm cynical.
Good luck to you anyway my friend. I'm sure all will be fine.
I think the counslling can be avoided if your Wife to be negioates and i think we had a form to fill in and pay some sort of reg fee but we didn't need to attend as we had filled in the special form or some nonsense like that.
vbkelly
6th October 2007, 12:47
I think the counslling can be avoided if your Wife to be negioates and i think we had a form to fill in and pay some sort of reg fee but we didn't need to attend as we had filled in the special form or some nonsense like that.
if you marraige in church you need to attend in counselling and family planning seninar this is nonesense and boring but this is required by church and they give you the certificate after this seninar so you need to attend it
andypaul
6th October 2007, 13:17
if you marraige in church you need to attend in counselling and family planning seninar this is nonesense and boring but this is required by church and they give you the certificate after this seninar so you need to attend it
No we married at the town hall but we still had some form to fill in with a fee of some sort.
Durkhaima
13th October 2007, 09:28
Thanks Pete
As always your advise is most welcome
One last question - If something goes wrong and we don't get marriage licence back in time before I depart to UK. How long is this licence valid for.
I mean can my GF get this licence and then wait for me to come back in April to go to register papers
Thanks
Stuart
Hello Stuart. The marriage license is valid for 120 days and can be implemented anywhere in the Philippines. My husband and i got married last July 20 at the Mayor's Office in Bulacan. We were excused to attend the seminar/counselling as the Health Officer who was supposed to give it said we dont need it anymore as we were both a bit over aged to be lectured on Family Planning (Im 35 and my husband is 57). A month after, we applied for a Spouse Visa and was granted weeks after the application. We hope everything goes as you have planned. We wish you all the luck. God bless.
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