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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Ramon Velasco, a Filipino seller, owns a parcel of land in Cebu City. He signs a contract of sale with Al-Madina Real Estate LLC, a UAE-based corporation, for the same parcel. The contract is signed in Singapore on September 3, 2024 and provides that the contract shall be governed by Singapore law and that ownership passes upon full payment. The land remains titled in Ramon Velasco’s name in the Philippines. (a) Which law governs the formation and validity of the contract (Lex Contractus) in this scenario? (b) Which law governs the transfer of title to immovable property located in the Philippines (lex rei sitae), and what is the effect of applying both doctrines on Al-Madina Real Estate LLC’s claimed ownership of the land?

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Lex Contractus: Singapore law governs formation; (b) Lex Rei Sitae: Singapore law governs transfer; The transfer would be effective under Singapore law, but Philippine Constitution would override; the conveyance cannot take effect. Lex Contractus: Singapore law governs formation and validity; (b) Lex Rei Sitae: Philippine law governs transfer; The combined application prevents foreign ownership of land in the Philippines, so title cannot pass to Al-Madina; the contract remains valid only as to obligations like payment and breach; the seller may retain title or sue for damages. Lex Contractus: Singapore law governs formation; (b) Lex Rei Sitae: Philippine law governs transfer; The land could still be transferred to the foreign buyer because Singapore law would govern both aspects and Philippine constitutional ban does not apply. Lex Contractus: Philippine law governs formation; (b) Lex Rei Sitae: Philippine law governs transfer; The sale would be treated as valid under local law and would pass title to Al-Madina, contradicting the constitutional prohibition; this would be the incorrect interpretation.

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