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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A Filipino seller, Maria Reyes, owns a parcel of land in Iloilo City. She signs a contract of sale with Sakura Global Pte. Ltd., a Singapore-based company, for the same parcel. The contract is signed in Singapore on January 15, 2024 and provides that the contract shall be governed by Japanese law and that ownership passes upon full payment. The land remains titled in Maria Reyes’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 Sakura Global Pte. Ltd.’s claimed ownership of the land?

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Japanese law; (b) Philippine law; The effect: The contract formation would be valid under Japanese law, but transfer cannot occur in the Philippines due to aliens’ prohibition on ownership of land. Singapore law; (b) Philippine law; The effect: Formation would be governed by Singapore law and land transfer by Philippine law; however, the constitutional prohibition still prevents foreign ownership, making the transfer void. Japanese law; (b) Philippine law; The effect: Sakura’s claimed ownership cannot vest in the land because aliens are forbidden to own land in the Philippines, so title remains with the Filipino seller. Singapore law; (b) Singapore law; The effect: Both laws would permit transfer to Sakura, but Philippine law would override for land, preventing ownership by Sakura.

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