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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Scenario: In Cebu, a Filipino seller Maria sells a parcel of land to Aurora Holdings, Inc., a Philippine corporation that is 60% Filipino-owned and 40% foreign-owned. The deed of sale is executed in Tokyo, Japan as a "public deed" under Japanese law and is not notarized or acknowledged in the Philippines; the parties intend to register the sale in the Philippines upon Maria’s return. (a) Identify the controlling doctrine and the primary rule it establishes for lands situated in the Philippines. (b) Under this doctrine, is Aurora Holdings able to acquire title to the land by the Tokyo-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 Tokyo-deed were presented for registration in the Philippines, what is the likely result and why?

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Lex rei sitae governs; Philippine law applies to lands in the Philippines; a 60% Filipino-owned corporation may own land; a Tokyo-deed executed as a public deed under Japanese law, even if not notarized or acknowledged in the Philippines, can transfer title to the buyer and be registrable in the Philippines upon proper formalities. Local notarization in the Philippines is required for validity of any land transfer; a foreign-deed not acknowledged here is void and not registrable. Hereditary succession is the only legitimate mode by which aliens may acquire land; therefore a Tokyo-deed cannot transfer title to a foreign-owned corporation. Lex loci contractus governs; the Tokyo-deed is valid under Japanese law and transfers title there; the Philippines will recognize the transfer upon registration irrespective of the foreign ownership limits.

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