#Philippines real estate properties for sale

[realtyhubph-blog]

Green Residences Manila Foreclosed Properties

Student or investor? Own a condo near DLSU Taft! Foreclosed units in Green Residences: 1BR & Combined Studios. Discounted price, great amenities, prime location. Limited units available! #DLSU #GreenResidences #ForeclosedSale

LOCATION 📍Green Residences Condominium Taft Ave., Brgy. 709, Zone 78, Malate District, Manila NEARBY POINTS OF INTERESTS De La Salle University (DLSU) • St. Scholastica’s College • College of St. Benilde (CSB) • Philippine General Hospital (PGH) • University of the Philippines Manila (UP Manila) • Manila Adventist Medical Center • Robinsons Place Manila • SM Mall of Asia (MOA) • Cultural…

[propertylisting]

𝗛𝗢𝗨𝗦𝗘 𝗔𝗡𝗗 𝗟𝗢𝗧 𝗙𝗢𝗥 𝗦𝗔𝗟𝗘

📍Canlubang, Calamba, Laguna

Near Ayala Malls Solenad, Miriam College Nuvali

𝗕𝗮𝗰𝗸

[filipino-homes]

Welcome to your new paradise! Discover stunning properties in the Philippines that will take your breath away. Browse our listings and find your dream home today. #FilipinoHomes #Philippines #realestate

[houseandlot]

Beach front -500 sq.m titled lot 4 Sale -Cabarsican Bacnotan La Union👣 -With 1 small house & 1 big house -With 1 regular size of swimming pool.🤽‍♀️🏃‍♂️

[metrocity01]

Why Is It Important To Invest Real Estate Philippines?

MetroCity, Bonifacio Global Philippines.

Filipino expats and OFWs who work abroad struggle to live far from home. Overseas Filipino Workers are modern heroes because they sacrifice much to improve lives back home. But what better way to build their money than investing in Philippine properties?

Most OFWs work hard to spend their money carefully so they can provide a good life for their families and be reunited. One way is to Invest Real Estate Philippines.

Property investors' key

Lamudi, a real estate platform, reported 21% more demand for residences outside the Metro in the first quarter of 2021 than in the first half of 2020. This is driven by a desire to invest in a home that encourages a safe and comfortable lifestyle, a real estate investment turned into a permanent home, and one where the whole family can feel safe, comfortable, and stable.

Real estate offers little risk and large returns. Property value inflation protects it. Horizontal property investors prioritize income generation and dwelling. Buyers can boost their alternative income by buying strategically located developments near premium and commercial areas and renting out their own properties.

Invest Real Estate Philippines Reasons

Most young Filipinos buy Metro townhouses. Townhouses make independent living easier. Filipino investors love real estate for these reasons.

1. Value rises.

Automobiles and devices frequently depreciate immediately after purchase. Real estate is the opposite. Real estate appreciates. In densely populated cities, Philippine real estate appreciates. If you picked the right location, townhouses and condominiums for sale may increase in value over time.

A paper showing investment price and value increases.

2. It's safe and profitable.

Real estate investing may offer security in an uncertain world. It will grow despite current hurdles.

With the help of respected Philippine real estate agencies, even first-timers can profit from real estate opportunities.

3. Control your investment.

Real estate investing does not give you land with restrictions. Real estate gives you full control over a physical asset. Property can generate passive income. Storage is useful if you have other businesses. You can live in it and sell it at a higher price if market prices climb.

Philippine real estate plain.

4. Payment flexibility

Real estate developers created investor-friendly payment options after the outbreak. Real estate developers increasingly offer investors more payment options than just a down payment.

Philippine real estate is expanding and profitable, making it a wonderful investment opportunity. The country's steady economy and constant growth make real estate investments a great method to gain money.

Any investment has risks. When choosing an investment property, you must be knowledgeable and consider many factors. Before buying a residential or commercial property in the Philippines, investigate the property, location, and your finances and goals. This will maximize profits and achieve your financial goals.

If you want to invest in real estate in the Philippines visit phmetrocity.com/

[ulistproperties]

Discover Coastal Elegance at Megaworld Eliberty Barbo 100 Beach Condos for Sale with Ulist Properties

Megaworld Eliberty Barbo is a premier development project by Megaworld Corporation, offering luxurious beachfront living in a prime coastal location. This exclusive real estate opportunity features 100 stunning beach condos, designed to provide residents with breathtaking ocean views, modern comforts, and resort-style amenities. Whether you're seeking a vacation home or an investment property, it combines the beauty of tropical beachfront living with world-class facilities, making it a top choice for individuals looking to experience luxury and relaxation by the sea.

Imagine owning a piece of paradise where the ocean breeze greets you every morning and the sound of the waves is your constant companion. With the launch of Megaworld Eliberty Barbo 100 beach condos for sale, this dream can now become your reality. Nestled in a prime coastal location, these condos offer the perfect blend of luxury, relaxation, and modern conveniences. Paired with the expertise of Ulist Properties, you can now easily find your ideal beachfront home.The Megaworld Eliberty Barbo development is setting a new standard for coastal living in the Philippines. Known for its luxurious beach condos, the project has been designed with attention to detail, offering residents a lifestyle that seamlessly blends natural beauty with high-end living.

Here are some of the reasons why Megaworld Eliberty Barbo stands out as the ideal location for your beachfront condo:

Prime Location: The condos are situated in one of the most sought-after beachfront areas in the Philippines. Whether you're looking for easy access to the city or a quiet retreat by the sea, it offers the best of both worlds.

Breathtaking Views: Each condo is designed to maximize the stunning ocean views. Imagine waking up each day to the sight of sparkling blue waters, sandy beaches, and colorful sunsets right outside your window.

Resort-Style Amenities: The development features top-tier amenities, including an infinity pool, fitness centers, beachside lounges, and more. Living at Megaworld Eliberty Barbo feels like being on a permanent vacation with access to everything you need for relaxation and enjoyment.

Modern Design and Comfort: Each of the 100 beach condos is crafted with modern architectural design and stylish interiors. From spacious living areas to elegant finishes, these condos are perfect for individuals or families looking to elevate their living experience.

Investment Potential: Beyond the lifestyle benefits, buying a beachfront condo also a smart investment. As the demand for beachfront properties in the Philippines continues to rise, so does the value of these exclusive homes.

Ulist Properties: Your Trusted Partner in Finding the Perfect Beach Condo

Navigating the real estate market can be daunting, especially when searching for exclusive properties like beachfront condos. That’s where Ulist Propertiescomes in. As a global real estate marketing platform, their connects buyers with the best properties across 57 countries, including the Philippines.

Whether you’re seeking a full-time residence, a vacation retreat, or an investment property, the beach condos at Megaworld Eliberty Barbo cater to a variety of lifestyles. The development offers the following advantages:

Security and Privacy: Enjoy peace of mind with 24/7 security, gated access, and private beachfront areas exclusively for residents. The development ensures that your safety and privacy are prioritized.

Convenient Accessibility: While the condos offer a tranquil beachfront escape, they’re also located close to essential amenities, including shopping centers, restaurants, and entertainment venues. You’ll never have to sacrifice convenience for serenity.

Community Living: Join a vibrant community of like-minded individuals who share your love for beachfront living. Megaworld Eliberty Barbo fosters a sense of belonging, making it more than just a place to live – it’s a lifestyle.

Sustainable Design: The development incorporates eco-friendly features and sustainable practices to minimize its environmental footprint. This commitment to sustainability ensures that the beauty of the surrounding beaches and natural landscape is preserved for future generations.

Making the Move with Ulist Properties

If you’ve always dreamed of owning a beachfront condo in the Philippines, now is the perfect time to make that dream a reality. The Megaworld Eliberty Barbo 100 beach condos for sale are represent the pinnacle of luxury coastal living, offering everything you need to enjoy life by the sea. By partnering with us, you’ll gain access to exclusive listings and enjoy a stress-free buying experience. Whether you're looking for a personal haven, a rental property, or a smart investment, Ulist Properties is your trusted guide through every step of the process.

In Conclusion

Don't miss out on the opportunity to own a stunning beach condo at Megaworld Eliberty Barbo. With the help of Ulist Properties, you can explore your options and find the perfect fit for your needs and lifestyle. Embrace the beauty, comfort, and tranquility of beachfront living in the Philippines. Contact us 14038896635today  and and visit us  www.ulistproperties.com to explore to start your journey toward owning one of the 100 coveted Megaworld Eliberty Barbo beach condos and experience the true essence of coastal luxury.

[dundunpablo]

Article 1332. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.

When a person signs a document, the presumption is that he does so with full knowledge of its contents and consequences.

Article 1332 is an exception to this rule. When one of the parties is unable to read or if the contract is in a language not understood by him, it is the party enforcing the contract who is duty-bound to show that there has been no fraud or mistake and that the terms of the contract have been fully explained to the former in a language understood by him. If he fails to discharge this burden, the presumption of mistake or fraud stands unrebutted.

For the proper application of Article 1332, it has first to be established convincingly that the illiterate or the party at a disadvantage due to his mental weakness, ignorance or other handicap could not read or that the contract was written in a language not understood by him.

CALILAP-ASMERON vs. DEVELOPMENT BANK OF THE PHILIPPINES

Bersamin, J.:

FACTS:

Lina Calilap-Asmeron filed a case to set aside DBP's rescission of a deed of conditional sale involving foreclosed property and to annul the subsequent sales of the property. Asmeron and her brother constituted a real estate mortgage over two parcels of land to secure the performance of their loan obligation with Development Bank of the Philippines (DBP). With the principal obligation being unpaid, DBP foreclosed the mortgage. Despite the lapse of the redemption period, Asmeron and DBP agreed that the former would buy back both properties in an installment basis. When she did not pay the six quarterly amortizations, DBP rescinded the deed of conditional sale and sold the property to another person. Asmeron claimed that she had been misled into signing the deed of conditional sale, that she had not fully understood the terms contained in the deed; that DBP could not resort to rescission because her nonpayment of the amortizations was only a slight or casual breach; and that the sale made by DBP to Cruz was tainted with bad faith. And she pleads for the application of Article 1332 of the Civil Code.

ISSUE:

Whether or not Article 1332 of the Civil Code is applicable.

HELD: The Court ruled that Article 1332, which requires the terms of a contract to be fully explained if one party is unable to read or understand the language, did not apply to the petitioner. It is quite notable that Asmeron did not specify which of the stipulations of the deed of conditional sale she had difficulty or deficiency in understanding. The impression is that the stipulations of the deed of conditional sale were simply worded and plain enough for even one with a slight knowledge of English to easily understand. Moreover, the Asmeron was not illiterate as she had appeared to the trial court to be educated and had personally composed her correspondence to DPB. Nor was Asmeron's ignorant of the true nature of the deed of conditional sale. By her own admission, she had asked the bank officer why she had been made to sign a deed of conditional sale instead of an absolute sale, which in itself reflected her full discernment of the matters subject of her dealings with DBP. The Supreme Court ruled in favor of DBP, upholding the validity of the rescission and subsequent sales.

[jurisjonah]

(Report 2) Article 1206, Civil Code of the Philippines, Book IV Obligations and Contracts

Article 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.

Explanation: Article 1206 states that, if someone agrees to do something but has the option to do something else instead, it's called a facultative obligation. If they accidentally damage the replacement they provided, they're not responsible, but once they give the substitute, they're responsible for any harm caused by their delay, carelessness, or deceit. (Example: I agreed to buy a piece of land from Mommy Michelle. However, she proposed a different plot nearby, and I agreed to the substitution. Mommy Michelle delayed transferring the title, but initially, she wasn't liable for the delay. If Mommy Michelle continues to delay or neglect transferring the title, she becomes responsible for any loss or damages caused by her negligence or delay.)

Assigned Case: SINAMBAN, Petitioners, vs. CHINA BANKING CORPORATION, Respondent. G.R. No. 193890 Penned by Associate Justice BIENVENIDO L. REYES on March 11, 2015

Facts of the Case: Spouses Danilo and Magdalena Manalastas obtained a loan from China Banking Corporation (Chinabank) secured by a Real Estate Mortgage (REM) over two properties. The loan was increased progressively, and several promissory notes were executed. Chinabank filed a complaint for sum of money against the Manalastas and co-makers, including Estanislao and Africa Sinamban, due to alleged default on promissory notes. Foreclosure proceedings were initiated, leading to a deficiency after auction sale. The Regional Trial Court (RTC) initially held the Sinambans partially liable but later relieved them from liability for one promissory note. Chinabank appealed, resulting in a modification by the RTC, holding the Sinambans liable again. The Court of Appeals (CA) affirmed with modifications, holding both sets of defendants liable for different portions of the deficiency. Issue/s of the Case: Whether or not the spouses Sinamban should be held liable for the deficiency on the promissory notes they co-signed. Ruling to the Case: YES. The Supreme Court held that the spouses Sinamban are solidarily liable with the spouses Manalastas for the deficiency on the promissory notes they co-signed. It also divides the remaining debt among them based on their individual initial obligations. Essentially, everyone shares the responsibility and burden of repayment equally.

[rebusel]

Navigating Real Estate Agent Commission Rates in the Philippines: A Rebusel Guide

Introduction:

For both buyers and sellers, understanding the complex world of agent commission rates is essential in the fast-paced Philippine real estate market. Here comes Rebusel, your one-stop shop for everything real estate, which makes it easy and transparent to comprehend these prices. Let's explore what you should know about Philippine real estate agent commission rates and how Rebusel makes things easier.

Understanding Agent Commission Rates:In the Philippines, real estate agents usually charge between 3% and 6% of the sale price of the property. The agent's services, such as property promotion, negotiating, and paperwork, are covered by this commission. These prices, however, are subject to change depending on a number of variables, including the property's location, kind, and reputation as well as the agent's experience and background.

Factors Influencing Commission Rates:

One of the main factors influencing commission rates is location. Due to increased demand and competition, properties in desirable locations or in thriving real estate markets may command higher commission rates. Similar to this, commission percentages are typically greater for high-end homes or high-value transactions.

Commission rates are also influenced by the agent's experience and performance history. A seasoned agent's considerable knowledge and negotiating prowess may warrant a higher commission rate if they have a track record of closing deals. In contrast, less experienced or younger agents could provide reduced commission rates in an effort to draw in business and expand their clientele.

How Rebusel Simplifies the Process:

By offering a clear platform where buyers and sellers can quickly compare agent commission rates, Rebusel transforms the real estate industry. Rebusel streamlines the procedure in this way:

1.Transparency: By giving users clear information about agent commission rates, Rebusel enables them to make wise judgments. Sellers are able to evaluate the prices offered by several agents and select the one that best suits their needs and budget.

2.Convenience: From the comfort of their homes, consumers may easily peruse a large selection of agents and their corresponding commission rates with Rebusel. Time is saved, and the headache of getting in touch with each agent separately is removed.

3.Negotiation: Rebusel gives users the ability to directly negotiate commission rates with agents, resulting in a fair and advantageous arrangement for all sides. Between buyers, sellers, and agents, this feature encourages openness and builds trust. 4.Expert Guidance: Throughout the course of a real estate transaction, Rebusel provides knowledgeable advice and assistance. Whether you're buying or selling real estate, Rebusel's team of experts is committed to offering you individualized support and insightful advice at every turn.

Conclusion:Making wise judgments in real estate transactions requires a grasp of Philippine real estate agent commission rates. Navigating these rates is made simple with Rebusel because of its transparent platform and intuitive user interface. Rebusel gives you the power to identify the ideal agent with the ideal commission rate to suit your needs, whether you're a buyer or a seller. With Rebusel, experience real estate of the future now!

[realtyhubph-blog]

Foreclosed Warehouse/Commercial Halili Avenue Sta Maria Bulacan

Attention Investors! Own a spacious foreclosed warehouse/commercial space in Sta. Maria. Perfect for business ventures! (3,819 sqm) #JMListings

📍 No. 49 Governor F. Halili Avenue, Brgy Bagbaguin, Sta Maria, Bulacan Property Features TYPE: Commercial and Warehouse Building📐 Lot: 3,819 square meters | Floor: 3,810 square metersCommercial SpaceBuilding: 750 square metersCovered space: 465 square metersWarehouse building: 2,595 square meters✅ AS-IS-WHERE-IS Basis✅ Complete property documents 🏙️ NEARBY POINTS OF INTEREST PSP EATERY…

[propertylisting]

𝗛𝗢𝗨𝗦𝗘 𝗔𝗡𝗗 𝗟𝗢𝗧 𝗙𝗢𝗥 𝗥𝗘𝗡𝗧

‼️𝗙𝗢𝗥 𝗥𝗘𝗡𝗧‼️ 𝗛𝗢𝗨𝗦𝗘 𝗶𝗻 𝗖𝗮𝗹𝗮𝗺𝗯𝗮, 𝗟𝗮𝗴𝘂𝗻𝗮 𝗮𝘁 🏠𝗔𝗺𝗮𝗶𝗮 𝗦𝗲𝗿𝗶𝗲𝘀 𝗡𝘂𝘃𝗮𝗹𝗶 𝗧𝗼𝘄𝗻𝗵𝗼𝘂𝘀𝗲 (Near Xavier School Nuvali, Miriam College Nuvali, Ayala Malls Solenad)

𝗕𝗮𝗰𝗸

[sellmycommercialpropertyusa]

How to Sell My Commercial Property Fast Nationwide USA

Sell My Commercial Property for Cash Nationwide USA. We Buy Commercial Properties. Fair Cash Offers. We Buy Commercial Real Estate. Any Location, Commercial, Houses & Land: Residential, Commercial, Industrial, Agricultural. Sell Commercial Property Fast!

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How To Turn A Vacant Commercial Property Into Cash Fast Nationwide USA

Do you have a fixer-upper or vacant commercial property? Figure out how to turn your commercial properties into cash the fast and simple way! Inside our latest post, we will explore why more and more people are looking to a quick sale for their commercial property.

Nationwide USA

Alabama | Alaska | Arizona | Arkansas | California| Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming | Washington DC (District of Columbia)

Worldwide

Afghanistan, Aland Islands, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Plurinational State of Bonaire, Sint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, British Indian Ocean Territory, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cabo Verde, Cambodia, Cameroon, Canada, Cayman Islands, Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo, Congo, The Democratic Republic of The Cook Islands, Costa Rica, Cote D'ivoire, Croatia, Cuba, Curacao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and Mcdonald Islands, Holy See, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Islamic Republic of Iraq, Ireland, Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Korea, Democratic People's Republic of Korea, Republic of Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Macedonia, The Former Yugoslav Republic of Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Federated States of Moldova, Republic of Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Norway, Oman, Pakistan, Palau, Palestine, State of Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Russian Federation, Rwanda, Saint Barthelemy, Saint Helena, Ascension and Tristan Da Cunha, Saint Kitts and Nevis, Saint Lucia, Saint Martin (French Part), Saint Pierre and Miquelon, Saint Vincent and The Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Sint Maarten (Dutch Part), Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and The South Sandwich Islands, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Taiwan, Province of China, Tajikistan, Tanzania, United Republic of Thailand, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States Minor Outlying Islands, United States of America, Uruguay, Uzbekistan, Vanuatu, Venezuela, Bolivarian Republic of Vietnam, Virgin Islands, British, Virgin Islands, U.S., Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe

[rizzaquimora1901]

2-BEDROOM CORNER UNIT & READY FOR OCCUPANCY WITH 1-PARKING FOR SALE

GRAND HYATT MANILA RESIDENCES - SOUTH TOWER

Landmarks :

• Grand Hyatt Manila

• Mitsukoshi Mall

• Lexus Philippines

Nearby Roads :

• BGC - Ortigas Link Bridge

• Kalayaan Avenue

• C5

• McKinley Road

16th floor

2-BR + 1 parking

Unit Price with RVat : Php. 52.3M

Rizza Quimora

S. Property Specialist

Accredited as Real Estate Salesperson

Federal land Inc.

M : +63 927 833 2411

E : rizza.quimora@gmail.com

#GrandHyattManila#grandhyattresidences#BGC#NorthBonifacioGlobalCity#GrandCentralPark#2BedroomCornerUnit

[digestsbymarianpurpleink]

Parcon-Song v. Parcon and Maybank, G.R. No. 199582, [July 7, 2020])

Topic: Existence of Trust

Doctrine

There was really no doctrine here nor article to input in relation to Trust Law.

Additional concept mentioned in the case:

Doctrine of Mortgagee in Good Faith

a mortgage is deemed valid if the mortgagee relied in good faith on what appears on the face of the certificate of title. This is so even if the mortgagor fraudulently acquired the title to the property. 

SUPER SUMMARY

Julie Parcon-Song is the daughter of the respondent Spouses Parcon. The spouses Parcon obtained two loans from Maybank and executed a real estate mortgage over a parcel of land as a security. When the spouses defaulted on their loans, Maybank foreclosed the mortgage. In the bidding, Maybank emerged as the highest bidder. This prompted Julie to file a complaint praying for the cancellation of the Transfer of Certificate to Maybank. Julie alleged that she had purchased the subject property from PACE Realty Investment, Inc. in August 1983, paying it in full. By way of trust, she used her mother’s name to acquire the property.  Thus, in 1994, the title was registered in Lilia Parcon’s name. Julie claimed that since then, Lilia Parcon has claimed ownership over the property. She contended that her parents merely ignored her repeated demands to reconvey the property. She also alleged that the property was mortgaged in favor of Maybank without her consent. Was there a trust between Julie and her parents – Spouses Parcon?

HELD. Negative. [The Court affirmed the findings of the RTC, as affirmed by CA]. The Regional Trial Court further ruled that no trust existed between the petitioner and her parents. The CA also noted that the title was clean, registered in the name of Lilia Parcon, and had no annotations of liens, encumbrances, or adverse claims. There is no evidence that these findings were unsupported or manifestly erroneous. Petitioner contested these findings, yet she did not present any proof to establish her allegations. It is a basic evidentiary rule that “[t]he party who alleges a fact has the burden of proving it.” Bare allegations warrant no merit.

FACTS:

Disclaimer: This case tackled more on the constitutionality of Maybank’s authority to operate in the PH, judicial review, and validity of the real estate mortgage and subsequent foreclosure of the subject property in this case. The discussion related to Trust was no longer discussed by Justice Leonen as the Court deemed it proper to apply the GR that the Court is not a trier of facts. It only affirmed the ruling of the CA re existence of Trust between Julia and her parents. Spoiler: CA held there was no Trust.

Julie is the daughter of Spouses Joaquin and Lilia Parcon (the Parcon Spouses).  In 1995, the Parcon Spouses obtained two loans from Maybank Philippines, Inc. (Maybank).  As security, they executed a real estate mortgage over a parcel of land. The real estate mortgage was annotated on the title. In 2001, when the Parcon Spouses defaulted on their loans, Maybank foreclosed the mortgage. In the foreclosure proceedings, Maybank emerged as the highest bidder, and thus, was issued a certificate of sale. The certificate of sale was registered with the Register of Deeds. On March 4, 2003, Julie filed a Complaint praying that the following be declared void: (1) Transfer Certificate of Title No. 107064; (2) the real estate mortgage dated November 28, 1995 in favor of Maybank; and (3) the foreclosure proceedings. She likewise sought that the property be reconveyed to her as its true and lawful owner. Julie also prayed for a declaration of family home and that Maybank be ordered to pay damages.

Julie asserted that she had purchased the property from PACE Realty Investment, Inc. in August 1983, paying it in full. By way of trust, she used her mother’s name to acquire the property.  Thus, in 1994, the title was registered in Lilia Parcon’s name. Julie claimed that since then, Lilia Parcon has claimed ownership over the property. She contended that her parents merely ignored her repeated demands to reconvey the property. She also alleged that the property was mortgaged in favor of Maybank without her consent. According to Julie, respondent Maybank is not a mortgagee in good faith. She posits that had the bank investigated, it would have discovered that she, not her parents, had been in open and adverse possession of the property. Instead, the bank only relied on the title, which she says is a sign of bad faith.

Ruling of the RTC

It dismissed Julie’s Complaint. It found that the mortgage was valid and that there was no implied or express trust on the property.  It ruled that since the title was not annotated, Maybank cannot be affected by any interest Julie had over the property.

Ruling of the CA

Affirmed. The Court of Appeals found that the title to the property was clean, not forged or fake, with no registered liens and encumbrances, and registered in the mortgagor’s name, Lilia Parcon. Thus, it ruled, Maybank could very well rely on the title as a mortgagee in good faith and did not need to further investigate.

ISSUE/S

Whether or not Spouses Joaquin and Lilia Parcon are holding the property in trust for petitioner Julie Parcon-Song.

Whether or not respondent Maybank Philippines, Inc. is a mortgagee in good faith.

RULING

The Court ruled in the NEGATIVE.

Both the existence of the trust and respondent Maybank’s authority to operate in the Philippines as a foreign bank are questions of fact. These are not proper to raise in a Rule 45 petition, which generally only entertains questions of law. This Court’s jurisdiction is limited to errors of law. It is not our function to examine the evidence all over again. If the lower courts’ findings are not shown to be unsupported by evidence or based on a gross misapprehension of facts, their factual conclusions shall be respected.

The Regional Trial Court further ruled that no trust existed between petitioner and her parents. The Court of Appeals also noted that the title was clean, registered in the name of Lilia Parcon, and had no annotations of liens, encumbrances, or adverse claims.

There is no evidence that these findings were unsupported or manifestly erroneous. Petitioner contested these findings, yet she did not present any proof to establish her allegations. It is a basic evidentiary rule that “[t]he party who alleges a fact has the burden of proving it.” Bare allegations warrant no merit.

Thus, this Court affirms the lower courts’ findings as to the absence of the trust and the authority of respondent Maybank to operate as a foreign bank in the Philippines.

The Court ruled in the AFFIRMATIVE.

The real estate mortgage is valid.

Under the doctrine of mortgagee in good faith, a mortgage is deemed valid if the mortgagee relied in good faith on what appears on the face of the certificate of title. This is so even if the mortgagor fraudulently acquired the title to the property.

Generally, if the certificate of title indicates nothing that will raise concern, and the mortgagee is unaware of any defect in the title or any other problematic circumstance surrounding the property, the mortgagee is not required to further investigate. The rationale for this doctrine is the public’s interest in sustaining the certificate of title’s indefeasibility “as evidence of the lawful ownership of the land or of any encumbrance” on it.

Undoubtedly, when the mortgagee is a bank, a higher standard is imposed before it is considered a mortgagee in good faith. Banks cannot simply rely on the title alone, but must further investigate the property to ensure the genuineness of the title. A bank is a mortgagee in good faith if it inspected and investigated the property in accordance with the standards imposed on banks. However, this Court rules that a bank should not necessarily be made liable if it did not investigate or inspect the property. If the circumstances reveal that an investigation would still not yield a discovery of any anomaly, or anything that would arouse suspicion, the bank should not be liable.

The title was not forged or fake. There is likewise no showing that respondent Maybank was aware of any defect or any other conflicting right on the title when the property was mortgaged to it. There is no factual finding on whether respondent Maybank actually inspected the property. The Court of Appeals simply ruled that the inspection is not necessary and respondent Maybank’s reliance on the clean title was sufficient. Regardless, the circumstances show that had respondent Maybank conducted an investigation, it would still not have discovered any issue on the mortgaged property. Petitioner has the burden to prove that she is in actual possession of the property — a burden she failed to discharge.

Petitioner had had several chances to substantiate her claim. Without clear and convincing evidence that petitioner’s claims are facts, respondent Maybank remains a mortgagee in good faith. Hence, this Court affirms the lower courts’ finding that the mortgage is valid.

[ulistproperties]

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[dundunpablo]

ARTICLE 118. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.

In a conjugal partnership of gains, the spouses place in a common fund the proceeds, products, and fruits and income of their separate properties and those acquired thereafter through their efforts or by chance.

Special rule however applies for properties bought on installment before the marriage and was later on paid in full through the conjugal partnership funds.

If full ownership was vested before the marriage, the property shall belong to the buyer spouse. If full ownership was vested during the marriage, the property shall belong to the conjugal partnership.

LEONEN

PHILIPPINE NATIONAL BANK, petitioner -versus- VENANCIO REYES, JR., respondent G.R. No. 212483, SECOND DIVISION, October 5, 2016, LEONEN, J.

FACTS:

Venancio married Lilia in 1973. They purchased 3 lots in Bulacan, which were later mortgaged to petitioner bank to secure a loan. When the spouses failed to pay their loan, petitioner foreclosed the 3 properties.

Venancio filed a complaint for annulment of certificate of sale and real estate mortgage against petitioner, Lilia and the Sheriff of Bulacan. He claimed that the mortgage constituted over the properties was void because Lilia undertook the loan and mortgage without his consent and falsified his signature on the PNs.

The RTC ordered the annulment of the mortgage and directed Lilia to reimburse petitioner the loan amount with interest. The CA affirmed the RTC’s ruling.

ISSUES:

1. 1) Whether the real estate mortgage is void.

2. 2) Whether the conjugal partnership can be held liable for the loan contracted unilaterally by Lilia.

I.

The real estate mortgage is void for want of consent from respondent.

A spouse's consent is indispensable for the disposition or encumbrance of conjugal properties. A real estate mortgage over a conjugal property is void if the non-contracting spouse did not give consent.

Here, respondent presented clear and convincing evidence that his signature, as it appeared on the mortgage contract, was forged.

II.

The conjugal partnership can be held liable for the loan.

The law presumes the family benefited from the loan and the conjugal partnership is held liable.

Here, the loan was used as additional working capital for respondent's printing business. There is thus a presumption that it redounded to the benefit of the family; hence, the conjugal partnership may be held liable for the loan amount. There is no need to prove actual benefit to the family.

According to Par. 3 of Article 121 of Family Code, The conjugal partnership shall be liable for debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited.

The Petition is DENIED

SC- AFFIRMED with MODIFICATION, in that Spouses Venancio C. Reyes, Jr. and Lilia Reyes are declared jointly and solidarity liable with each other with their separate properties if their conjugal partnership is insufficient to fully pay for the loan.