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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Ramon, a Filipino citizen, owns a parcel of land in Palawan titled in his name. He sells the land to Atlas Ridge Corp, a corporation 70% Filipino-owned and 30% foreign-owned. The deed of sale is executed in Milan, Italy under Italian law and is not notarized or acknowledged in the Philippines; the parties intend to register the sale in the Philippines upon Ramon's return. (a) Identify the controlling doctrine and the primary rule it establishes for lands situated in the Philippines. (b) Under this doctrine, is Atlas Ridge Corp able to acquire title by the Milan-deed? Explain briefly why or why not, focusing on the law governing transfer and the status of land ownership by aliens, including through corporations. (c) If the same Milan-deed were presented for registration in the Philippines, what is the likely result and why?

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Lex rei sitae; the land in the Philippines is governed by Philippine law, aliens cannot own land, and a Filipino-owned corporation may own land; a Milan-deed not notarized or acknowledged in the Philippines is a private instrument and cannot transfer title; registration would be denied. Consularized/apostilled document; for foreign deeds to transfer land, proper authentication by a Philippine consul or apostille is required; without that, the deed is not recognized and registration is denied. Public instrument requirement; conveyance of land must be by a public instrument in the Philippines; a private Milan-deed cannot transfer title; registration denied. Ordinary private contract; the sale could be recognized only if executed as a public instrument; since the Milan-deed is not notarized in the Philippines, it cannot transfer title; registration denied.

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