Title IV.

- PROPERTY

Chapter 1
CONCERNING INDIVIDUALS

Art. 1. Filipino naturalized abroad shall be allowed to acquire

properties in the Philippines through intestate and/or
testamentary successions.

Art. 2. Filipino naturalized abroad can buy or acquire land

and properties in the country with no restrictions on the number
of properties that can be bought or acquired.

Art. 3. Foreigners shall be allowed to obtain Philippine

properties only through hereditary and/or testamentary
successions.

Art. 4. In cases of intestate successions, a Filipino

naturalized abroad and other foreign legal successor can only
acquire half of the succession contrary to other Filipino
successors.

Art. 5. In cases of intestate successions, a dual citizen

successor can only acquire three fourths of the succession
contrary to other Filipino successors.
 Art. 6. In cases of testamentary successions for attainment of
Philippine properties by a Filipino naturalized abroad or a
foreigner, only a notarial will shall be acknowledged and shall
have the following provisions:

(1) At least 3 credible and of age witnesses;

(2) Acknowledged and signed before a notary public by the

testator.

Art. 7. Properties owned through hereditary/intestate

successions shall only be acquired by relatives (until the fourth
degree) of the deceased.

Art. 8. If the deceased have not made a will and has no living
relatives in the first to fourth degree his/her properties shall be
acquired by the State.

Art. 9. A foreign individual can only rent a land or property

in the Philippines for a minimum period of at least six (6) months.

Art. 10. A foreign individual can only rent a land or property

in the Philippines for a maximum period of ten (10) years.

Art. 11. A foreign individual can only rent a property for a

maximum number of two (2) properties at a time.

Art. 12. A foreign individual must pay two (2) months in

advance of rental fee on the property leased.
 Chapter 2
CONCERNING CORPORATIONS

Art. 13. A foreign corporation can only lease a land or

property in the Philippines for a minimum period of at least
twelve (12) months.

Art. 14. A foreign corporation can only rent a land or

property in the Philippines for a maximum number of twenty (20)
years.

Art. 15. A foreign corporation must pay three (3) months in

advance of rental on the property leased.

Art. 16. A foreign corporation can only rent a maximum

number of five (5) properties or land simultaneously.

Art. 17. In order to own land and properties in the country,

private corporations must have at least 50% of capital stocks
owned by Filipinos.

Art. 18. Private corporation with only 50-75% capital stocks

owned by Filipinos can only acquire a maximum number of three
(3) properties at the same time.
 Chapter 3
PROPERTY RELATIONS BETWEEN SPOUSES

Art. 19. Once entering a marriage contract, the two parties

shall not enter into any marriage settlements and shall
immediately have absolute community of property.

Art. 20. However, in accordance with Art. 19, if divorce,

annulment or legal separation is decreed, the property relations
that shall govern should be in accordance with the rules on
separation of property.
 Title VI. - DIVORCE, DECLARATION OF NULITY,
ANNULMENT AND LEGAL SEPARATION

Chapter 1
GENERAL RULES

Art. 1. A petition for divorce may be filed if both the spouses

have agreed to divorce and the agreement is given consent by the
court of the country where their marriage was solemnized.

Art. 2. In accordance to the preceding article, a decree of

divorce of marriages solemnized in the Philippines may only
issued by the Philippine courts.

Art. 3. A petition for divorce may be filed on any of the

following grounds:

(1) Irreconcilable differences;

(2) Physical and psychological violence to spouse and

children;

(3) Numerous incidence of infidelity;

(4) Separation for at least three (3) years.

 Art. 4. A petition for annulment may be filed on any of the
following grounds:

(1) Lack of communication and abandonment for at least

three (3) years;
(2) Psychological incapacity.

Art. 5. Psychological incapacity as grounds for annulment

will be limited to the mental incapacity, not physical cause or
incapacity, of a party to assume and comply to the essential
obligations between husband and wife.

Art. 6. Regular gambling, alcohol use and other acts of vices

shall not be considered as psychological incapacity as grounds for
annulment.

Art. 7. A petition for divorce filed in the Philippines by both

foreign parties shall be governed by the Philippine laws.

Art. 8. A petition for divorce between two Filipino spouses

shall likewise be governed by the Philippine laws and cannot be
filed without mutual consent on the divorce.

Art. 9. In cases of marriages solemnized in the Philippines by

a foreign and a Filipino spouse, if a divorce is filed abroad by the
foreign spouse, he/she shall be obligatory to acquire consent from
the Filipino party before a divorce decree can be issued.
 Art. 10. A Filipino spouse who obtains divorce abroad shall
be recognized in accordance with the Rules of Court.

Art. 11. After a divorce, annulment or legal separation decree

has been issued, a spouse has a right to legally file a complaint
involving crimes against chastity as long as the offense was done
during the time of their marriage, as the spouse is to be
considered the offended spouse at that time.

Chapter 2
IMPLICATIONS (e.g PROPERTY RELATIONS,
CUSTODY)

Art. 12. After a decree of divorce or legal separation between

Filipino parties based on mutual decision has been issued, the
conjugal properties shall be equally divided to both Filipino
spouses.

Art. 13. If a divorce, annulment or legal separation between

Filipino parties is filed by an offended spouse, all of the properties
acquired in the duration of their marriage shall be solely owned by
the offended party.
 Art. 14. After a divorce or legal separation decree involving a
foreign party based on mutual decision has been issued,
properties bought and located in the Philippine territory using
conjugal funds shall be managed and owned by both spouses.

Art. 15. If a divorce, annulment or legal separation is filed by

an offended Filipino spouse against his/her foreign spouse, all of
the properties acquired in the duration of their marriage shall be
solely owned by the Filipino spouse.

Art. 16. If the marriage between a foreigner and a Filipino

resulted to a divorce, annulment or legal separation due to the
incapacity of the Filipino party, the foreign spouse shall acquire
half of their conjugal property.

Art. 17. After a decree of divorce, annulment or legal

separation of both Filipino parties has been issued, the custody of
children below twelve (12) years of age shall be decided by the
Philippine courts on whomever between the mother or the father
is more fit to raise the child and or children.

Art. 18. After a decree of divorce, annulment or legal

separation of both Filipino parties has been issued, children above
twelve (12) years of age shall be given the rights to decide on who
will be in charge of his/her custody.
 Art. 19. After a decree of divorce, annulment or legal
separation of both Filipino parties has been issued, the spouse
granted by custody of children shall receive a monthly amount of
support from the other party not lower than 5,000 pesos per
child.

Art. 20. After a decree of divorce, annulment or legal

separation of a Filipino spouse and an alien spouse has been
issued abroad, the custody of children inside the territory of the
Philippines shall be decided by the Philippine courts on
whomever between the mother or the father is more fit to raise
the child and or children.
 Title VII. - TORTS AND DAMAGES

Chapter 1
GENERAL RULES ON TORTS AND DAMAGES

Art. 1. With no exceptions, a pre-existing contractual

relationship shall be proven for an act to be considered a quasi-
delict or tort, otherwise it shall not be recognized as not such.

Art. 2. As long as the damages is within the territory of the

institution, institution such as schools shall be held liable for the
fault or negligence of their staff that caused damaged to a student.

Art. 3. Teachers or head of educational institutions shall only

be held liable for the damages of students age twelve (12) and
below.

Art. 4. In case of death or incapacity of both parents, and

lack of property owned, the minor child shall serve his/her time
doing community service for at least thirty (30) days as payment
for the damages caused.

Art. 5. The amount of damages for death brought about by a

quasi-delict/tort shall at least be of ten thousand (20,000) pesos
splus attorneys fees.
 Art. 6. Minimum amount of ten thousand (10,000) pesos
plus attorneys fee shall be awarded to Filipino victim as damages
of a quasi-delict/tort caused by a foreigner.

Art. 7. Minimum amount of twenty thousand pesos (20,000)

pesos plus attorneys fee shall be awarded to a foreign victim as
damages from a quasi-delict/tort act caused by a Filipino.

Art. 8. In cases of dismissal, the defendant shall be entitled

to reimbursement of costs, damages and litigation fees spent if
founded on the malicious prosecution filed by the plaintiff.

Art. 9. In cases of permanent disability or death of Overseas

Filipino Workers (OFW) including seamen abroad, the rules that
shall govern on the amount of compensation or benefits shall
always be the country that offers a higher compensation.

Art. 10. Employees of the airlines in the Philippines, on their

international flights shall be considered overseas workers and
shall subject to the Philippine laws involving Overseas Filipino
Workers (OFW).

Art. 11. Damages resulting from a supplementary contract of

agreement between overseas workers and employers shall be
considered void by the Philippine laws.
 Chapter 2
FOREIGN VESSELS, TERRORISM AND PIRACY

Art. 12. Foreign vessels entering Philippine lands shall

subject to the Philippine jurisdiction if things/people in the
foreign ship have the ability to commit acts that may disrupt the
peace and tranquillity of the country.

Art. 13. If acts violating human rights have been committed

on foreign vessels inside the Philippine territory, laws
promulgated in the Philippines shall apply.

Art. 14. The owners or masters of foreign vessels, carrying or

transporting illegal drugs from one port of the Philippines into
another or from any foreign port to any port along the Philippine
territory shall be held liable for the damages incurred by carrying
drugs and shall be subjected to the rules promulgated in the
Philippines.

Art. 15. Persons who are convicted of an act of terrorism

and/or piracy shall be charged with death penalty.

Art. 16. If no sufficient evidence has been found on the

accused, parole can be given after twenty (20) years of
imprisonment.
 Art. 17. Persons proven to have significant knowledge and/or
cooperates in the act of terrorism and/or piracy shall be charged
with at least twenty (20) years of imprisonment.

Art. 18. In accordance to the preceding article, parole shall be

given after ten (10) years of imprisonment if no sufficient
evidence has been found.

Art. 19. Regardless of the place where an act of terrorism

and/or piracy was committed, if the accused are arrested inside
the Philippine territory, the Philippine laws shall govern.

Art. 20. Conviction of three (3) counts of the following acts

shall be considered as an act of terrorism and shall be subjected to
the Rules of Court:

(1) Kidnapping and Serious Illegal Detention;

(2) Rape;

(3) Murder;

(4) Arson;

(5) Illegal Possession of Firearms, Ammunitions and

Explosives;

(7) Rebellion against the State; and

(8) Piracy.