New Suites Available At Lancaster Manila Tower I, Shaw Boulevard, Metro Manila.
Reserve Now To Avoid 17% Price Increase Effective October 1, 2006
 
We are pleased to advise that a Studio Suite is now available at PRE INCREASE Price...

We currently also have available for December Turnover 2006 at Lancaster Suites [Manila] Tower I Shaw Boulevard, Metro Manila, several One Bedroom Suites and a Two Bedroom Suite for sale. For full information please contact us.

New Suites Available At Lancaster Manila Tower I, Shaw Boulevard, Metro Manila.
Reserve Now To Avoid 17% Price Increase Effective October 1, 2006
 
We currently have available for December Turnover 2006 at Lancaster Suites [Manila] Tower I Shaw Boulevard, Metro Manila, several Studio, One Bedroom Suites and a Two Bedroom Suite for sale. For full information please contact us.

Please Note that Effective October 1, 2006 All Prices for the Lancaster Suites units will Increase by 17%.

Lancaster Suites Manila Tower I Reservations

Currently Available - Studio Suite
New Price October 1, 2006

Lancaster Suites Manila Executive Studio Suites. Average Floor Area 27.23 square meters [293sqft] at $1,618.00/sqm. USD 44,058.14

Save USD 6,000.60 by Reserving a Unit Now at the Current Price

Tower I Executive Studio Suite [7th Floor Suite #711] Floor Area 27.23sqm [293sqft] at $1,398.00/sqm USD 38,057.54. [Tax Exempt] This prime unit overlooking Ortigas Center [Morning Sun] may be purchased with 30% Down Payment [with 10% Discount on the down payment Saving USD 1,141.72] of USD 10,275.54 and balance payable over 36 equal consecutive monthly installments of USD 740.00. Alternatively, Pay Cash and take a 10% discount on the Contract Price. Save USD 3,805.75 Pay 90% of the contract price now [USD 30.825.60] and the remaining 10% balance [USD 3,425.18] on turnover from December 2006 [SOLD -09-23-2006]

Tower I Executive Studio Suite [14th Floor Suite #1411] Floor Area 27.23sqm [293sqft] at $1,398.00/sqm USD 38,057.54. [Tax Exempt] This prime unit overlooking Ortigas Center [Morning Sun] may be purchased with 30% Down Payment [with 10% Discount on the down payment Saving USD 1,141.72] of USD 10,275.54 and balance payable over 36 equal consecutive monthly installments of USD 740.00. Alternatively, Pay Cash and take a 10% discount on the Contract Price. Save USD 3,805.75 Pay 90% of the contract price now [USD 30.825.60] and the remaining 10% balance [USD 3,425.18] on unit turnover from December 2006….

Currently Available - 1 Bedroom Prime “Corner” Suites
New Price October 1, 2006

Lancaster Suites Manila One Bedroom "Corner Suites". Average Floor Area 42.88 square meters [462sqft] at $1,812.16/sqm. USD 77,705.42

Save USD 10,565.63 by Reserving a Unit Now at the Current Price

1 Bedroom Executive Corner Suite [20th Floor Suite #2005] Overlooking Mandaluyong-Shaw Boulevard & WackWack Golf Club] Floor Area 42.88sqm [462sqft] at $1,565.76/sqm USD 67,139.79. [Including Tax] These corner units may be purchased with a 30% Down Payment [Saving USD 2,014.19 as 10% Discount] of USD 18,127.75 and balance payable over 36 equal consecutive monthly installments of USD 1,305.50. Alternatively, Pay Cash and take a 10% discount on the Contract Price. Save USD 6,713.97 Pay 90% now [USD 54,383.23] and the remaining 10% balance [USD 6,042.58] on unit turnover from December 2006 [SOLD 09-23-2006]

1 Bedroom Executive Corner Suite [20th Floor Suite #2010] Overlooking Mandaluyong-Shaw Boulevard & WackWack Golf Club] Floor Area 42.88sqm [462sqft] at $1,565.76/sqm USD 67,139.79. [Including Tax] These corner units may be purchased with a 30% Down Payment [Saving USD 2,014.19 as 10% Discount] of USD 18,127.75 and balance payable over 36 equal consecutive monthly installments of USD 1,305.50. Alternatively, Pay Cash and take a 10% discount on the Contract Price. Save USD 6,713.97 Pay 90% now [USD 54,383.23] and the remaining 10% balance [USD 6,042.58] on unit turnover from December 2006….

1 Bedroom Executive Corner Suite [20th Floor Suite #2013] Overlooking Pasig-Boni-Mandaluyong & Pool Deck] Floor Area 41.93sqm [452sqft] at $1,565.76/sqm USD 65,652.32. [Including Tax] These corner units may be purchased with a 30% Down Payment [Saving USD 1,969.56 as 10% Discount] of USD 17,726.12 and balance payable over 36 equal consecutive monthly installments of USD 1,276.58. Alternatively, Pay Cash and take 10% discount on Contract Price. Save USD 6,565.23 Pay 90% now [USD 53,178.38] and the remaining 10% balance [USD 5,908.71] on unit turnover from December 2006….

Currently Available - 2 Bedroom Suites
New Price October 1, 2006

Lancaster Suites Manila Two Bedroom "Loft Type" Suite. Average Floor Area 65.14 square meters [700sqft] at $1,812.16/sqm. USD 118,044.10.

Save USD 16,050.49 by Reserving a Unit Now at the Current Price

Executive Two Bedroom "Loft Type" Suite [29th Floor Suite #2904] Floor Area 65.14sqm [700sqft] at $1,565.76/sqm USD 101,993.61. [Including Tax] This prime Suite is overlooking Mandaluyong & Makati City and Manila Bay on the horizon, may be purchased with 30% Down Payment [with 10% Discount on the down payment Saving USD 3,059.80] of USD 27,538.28 balance payable over 36 equal consecutive monthly installments of USD 1983.21. Alternatively, Pay Cash and take a 10% discount on the Contract Price. Save USD 10,199.36 Pay 90% of the contract price now [USD 82,614.83] and the remaining 10% balance [USD 9,179.43] on unit turnover from December 2006….

Penthouse Suite - Please Inquire Status
New Price October 1, 2006

Lancaster Suites Manila Three Bedroom Loft Type Penthouse Suite. Average Floor Area 125.78 square meters [1385sqft] at $1,968.69/sqm. USD 247,621.82

Save USD 30,958.22 by Reserving a Unit Now at the Current Price

2-Level 3 Bedroom 3 Bathroom Corner Penthouse Suite PH-05 [42nd Floor] Floor Area 125.78sqm [1,385sqft] at $1,722.56/sqm USD 216,663.60. [Including Tax] This prime corner unit facing towards Ortigas Center, Greenhills and overlooking the Wack-Wack Golf Club [Morning Sun] may be purchased with a Reservation Fee USD 500.00 Balance Payable without interest over 60 consecutive equal monthly payments of USD 3,602.73. Alternatively Save USD 6,484.90 by making the Reservation, USD 500.00 then within 30 days a 30% Net Down Payment of USD 58,364.17 and Balance payable without interest over 60 consecutive equal monthly payments of USD 2,521.90. Another option, Pay Cash and take a full 10% discount [Save USD 21,666.36] Pay 90% Now [USD 175,497.51] and remaining 10% [USD 19,499.73] on unit Turnover from December 2006 [Subject To Contract 07-06] Please Inquire

Please note these are average floor areas. Actual unit sizes vary from floor to floor. Please note all Unit offers on Cash Basis will be given Priority Reservation Status.

All Lancaster Residential Suites Unit Features Include:

• Vitrified ceramic tiles in living, dining areas
• Ceramic tiles in kitchen and toilet and bath
• Toilets with mechanical ventilation
• Plastered cement with painted finishes
• Provisions for split type air-conditioners

You can see an interior photo of the Studio Suites on
http://www.pacificconcord.com.ph/bed_unit_studio.htm

And interior photo of the One Bedroom Suites on
http://www.pacificconcord.com.ph/bed_unit_one.htm

For Copy of the Lancaster Suites Slide Show Presentation copy and paste the following directly into your browser:
http://www.kodakgallery.com/I.jsp?c=thslvaa.4sacn68a&x=0&y=t9whzo
 
PLC International Marketing Networks
Pacific Concord Properties Inc., Manila Head Office
Shaw Boulevard, Mandaluyong City. Metro Manila. Philippines
Phone: Manila [632] 717 1958 Fax: Manila [632] 718 1828
Pacific Concord Properties Inc., Cebu Office
Lapu-Lapu City, Mactan. Cebu. Philippines
Phone: Cebu [6332] 340 0721 Fax: [6332] 495 4938
Email: plcsales@pldtdsl.net
Web: http://www.plcsales.coms.ph
Web: http://www.lancastersuites.com

i believe those girls have their own reasons and just if ever they have a nice job i'm sure they won't be in that kind of work... i think they are paid a lot that's why they end up in the cybersex thing. Poverty is really one of the reason. I hope the government can do something about it. The girls future is at stake here and even their reputation.

New Suites Available At Lancaster Manila Atrium Tower A. Lancaster Suites, Shaw Boulevard, Metro Manila, September 13 2006

Reserve Now To Avoid 17% Price Increase Effective October 1, 2006

The Current selling price Lancaster Manila Atrium Tower A Studio Units at Pesos 64,888 or $1,298.00 per sqm are Tax Exempt will increase to Pesos 75,888 or $1,518.00 per sqm Effective October 1, 2006. The One Bedroom, Two and Three Bedroom Suites are currently priced at Pesos 72,674.56 or $1,453.76 per sqm will also increase to Pesos 84,994.56 or $1,700.16 per sqm including Government Taxes [R-Vat 12%] effective October 1, 2006. Five Year No Interest Charge Terms of payment or up to 12 years “In-House” financing plans. Completion and Turnover of units for Tower II will be from December 2009.

All payments will be made to the specific Lancaster Suites Manila Atrium Tower A Equitable PCI Bank Escrow Trust Account. It is anticipated, given the track record on sales of Tower I Units that property appreciation for initial buyers of Tower A Atrium Units will be at least 70-80% on completion and 100% on turnover of units from December 2009

Make sure you reserve a Unit Now at Current Price Offerings and extended terms of payment and stand to earn at least 70-80% in Real Property Appreciation by completion of units in 2009/2010

With current Global Structural Steel and Reinforced Steel Bar Prices increasing some 50%, we anticipate further price increases effective from December 2006

Lancaster Suites Manila Atrium Tower A Reservations
For Available Executive Studio Suites

Executive Studio Suites
New Price October 1, 2006

Lancaster Suites Manila Atrium Tower II Executive Studio Suites. Average Floor Area 29.62 square meters [320sqft] at $1,518.00/sqm. USD 44,963.16

Save USD 6,516.40 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Tower II Executive Studio Suites. Average Floor Area 29.62 square meters [320sqft] at $1,298.00/sqm. USD 38,446.76 These units are either facing towards Ortigas Center overlooking Pasig towards Laguna de Bay and Antipolo, Samat Street overlooking Mandaluyong, Makati and towards Manila Bay or the Swimming Pool Deck. All units are within the Lancaster Suites Manila Atrium. The Current Offer for a Studio Suite provides it may be purchased with a Reservation Fee USD 500.00 and the Balance then Payable without interest over 60 consecutive equal monthly payments of USD 632.45. Alternatively Save USD 2,276.80 by making the Reservation, USD 500.00 then within 30 days a 30% Net Down Discounted Payment of USD 9,107.23 and Balance payable without interest over 60 consecutive equal monthly payments of USD 442.71. Another option, Pay Cash and take a full 20% discount [Save USD 7,689.35] on unit price.... Pay 90% Now [USD 27,681.67] and the remaining 10% [USD 3,075.74] on unit turnover from December 2009...

Executive Studio DeLuxe Suites
New Price October 1, 2006

Lancaster Suites Manila Atrium Tower A Executive DeLuxe Studio Suites. Average Floor Area 32.50 square meters [355sqft] at $1,518.00/sqm. USD 49,335.00

Save USD 6,552.92 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Executive DeLuxe Studio Suites. Average Floor Area 32.96 square meters [355sqft] at $1,298.00/sqm. USD 42,782.08 These units are either facing towards Ortigas Center overlooking Pasig towards Laguna de Bay and Antipolo or overlooking Mandaluyong, Makati and towards Manila Bay or Swimming Pool Deck. All units within the Lancaster Suites Manila Atrium. The Current Offer for a Studio Suite provides that it may be purchased with a Reservation Fee USD 500.00 and the Balance then Payable without interest over 60 consecutive equal monthly payments of USD 704.70. Alternatively Save USD 2,536.92 by making the Reservation, USD 500.00 then within 30 days a 30% Net Down Payment of USD 10,147.70 and Balance payable without interest over 60 consecutive equal monthly payments of USD 493.30. Another option, Pay Cash and take a 20% discount [Save USD 8,556.41] on unit price.... Pay 90% Now [USD 30,803.09] remaining 10% [USD 3,422.57] on unit Turnover from December 2009

Lancaster Suites Manila Atrium Tower A Reservations For Tax Exempt Combined Studios As One Bedroom Suites
 
Avail Now of special Introductory Cash Price Tax Exempt With 20% Discount for the Remaining Combined Studio Units ….As One Bedroom Suites

New Price October 1, 2006

Lancaster Suites Manila Atrium Tower A Combined Studio Suites As One Bedroom Suite Two Units Combined Studio Floor Area 59.24 square meters [638sqft] at $1,518.00/sqm. USD 89,926.32

Save USD 13,032.80 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Combined Studio Suites As One Bedroom Suite Two Units Combined Studio Floor Area 59.24 square meters [638sqft] at $1,298.00/sqm. USD 76,893.52. These units are overlooking Swimming Pool Deck. All units within the Lancaster Suites Manila Atrium. The Special Initial Offer for Combined Studio Suite provides it may be purchased with a Reservation Fee USD 1,000.00 and Balance then Payable without interest in 60 consecutive equal monthly payments of USD 1,273.23. Alternatively Save USD 4,553.61 by making the Reservation, USD 1,000.00 then within 30 days a 30% Net Down Discounted Payment of USD 18,214.44 Balance payable without interest over 60 consecutive equal monthly payments of USD 885.42. Another option, Pay Cash, and take a full 20% discount on the Unit Price [Save USD 15,378.70]... Pay the 90% Now [USD 55,363.33] and remaining 10% [USD 6,151.48] on unit Turnover from December 2009

Lancaster Suites Manila Atrium Tower A Reservations
For Available One Bedroom Corner Suites

One Bedroom Corner Suites
New Price October 1, 2006

Lancaster Suites Manila Atrium Tower A One Bedroom Corner Suites Average Floor Area 59.81 square meters [645sqft] at $1,700.16/sqm. USD 101,686.56

Save USD 14,737.17 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Executive 1 Bedroom Corner Suites. Average Floor Area 59.81 sqm [645sqft] at $1,453.76/sqm. USD 86,949.39 [Including Taxes] These units are all Corner Suites either facing towards Ortigas Center overlooking Pasig towards Laguna de Bay and Antipolo, Samat Street overlooking Mandaluyong, Makati and towards Manila Bay and the Swimming Pool Deck. All units are within the Lancaster Suites Manila Atrium. Current Special Offer for a One Bedroom Suite provides that it may be purchased with a Reservation Fee USD 500.00 and Balance Payable without interest over 60 consecutive equal monthly payments of USD 1,440.83. Alternatively Save USD 5,186.96 by making the Reservation, USD 500.00 then within 30 days a 30% Net Down Payment of USD 20,747.85 Balance payable without interest over 60 consecutive equal monthly payments of USD 1,008.58. Another option, Pay Cash take a 20% discount [Save USD 17,389.87] on unit price. Pay 90% Now [USD 62,603.56] and remaining 10% [USD 6,955.95] on unit Turnover from December 2009

Lancaster Suites Manila Atrium Tower A Reservations
For Available One Bedroom “Loft Type” Suites

One Bedroom “Loft Type” Suites
New Price October 1, 2006

Lancaster Suites Manila Atrium Tower A Executive 1 Bedroom "Loft Type" Suites. Floor Area 50.06 sqm [540sqft] at $1,700.16/sqm. USD 85,110.00

Save USD 12,834.77 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Executive 1 Bedroom “Loft Type” Suites. Floor Area 50.06 sqm [540sqft] at $1,453.76/sqm. USD 72,275.23 [Including Taxes] These 2-Storey ‘Loft Type’ units are overlooking the Swimming Pool Deck. All units within Lancaster Suites Manila Atrium. Current Special Offer for a One Bedroom “Loft Type” Suite provides purchases with a Reservation Fee USD 500.00 and Balance Payable without interest over 60 consecutive equal monthly payments of only USD 1,196.25. Alternatively Save USD 4,306.51 by making a Reservation, USD 500.00 then within 30 days a 30% Net Down Payment of USD 17,226.06 resulting Balance payable without interest over 60 consecutive equal monthly payments of USD 837.38. Another option, Pay Cash take 20% discount [Save USD 14,455.04] on unit price. Pay 90% Now [USD 52,038.16] and 10% [USD 5,782.02] on unit Turnover from December 2009

Lancaster Suites Manila Atrium Tower A Reservations
For Available Two Bedroom “Loft Type” Suites

Two Bedroom Loft Type Suites
New Price October 1, 2006

Lancaster Suites Manila Atrium Tower A Executive Two Bedroom Loft Type Suites. Floor Area 75.69 square meters [812sqft] at $1,700.16/sqm. USD 128,685.11

Save USD 18,650.02 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Executive Two Bedroom Loft Type Suites. Floor Area 75.69 sqm [815 sqft] $1,453.76/sqm. USD 110,035.09 [Including Tax] These units are all 2-Storey “Loft-Type” Suites either facing towards Ortigas Center overlooking Pasig towards Laguna de Bay and Antipolo, Samat Street overlooking Mandaluyong, Makati and towards Manila Bay and the Swimming Pool Deck. All units are within the Lancaster Suites Manila Atrium. The Special Initial Offer for a Two Bedroom Suite provides that it may be purchased with a Reservation Fee USD 500.00 and the Balance then Payable without interest over 60 consecutive equal monthly payments of USD 1,825.58. Alternatively Save USD 6,572.10 by making a Reservation USD 500.00 then within 30 days a 30% Net Down Payment of USD 26,288.42 and Balance payable without interest over 60 consecutive equal monthly payments of USD 1,277.91. Another option, Pay Cash take full 20% discount [Save USD 22,007.02] on the unit price. Pay 90% Now [USD 79,225.27] and 10% [USD 8,802.80] on Turnover from December 2009

Lancaster Suites Manila Atrium Tower A Reservations
For Available Three Bedroom Suites

Three Bedroom “Loft-Type Corner Suites
New Price October 1, 2006

Lancaster Atrium Tower A Executive Three Bedroom Loft Type Suites. Average Floor Area 104.27 square meters [1122sqft] at $1,700.16/sqm. USD 177,275.68

Save USD 25,692.12 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Executive Three Bedroom Corner Suites. Floor Area 104.27 sqm [1,122 sqft] at $1,453.76/sqm. USD 151,583.56 [Including Taxes] These units are all “Corner Suites” either facing Ortigas Center overlooking Pasig towards Laguna de Bay and Antipolo or overlooking Mandaluyong, Makati towards Manila Bay and Swimming Pool Deck. All units are within Lancaster Suites Manila Atrium. The Current Special Offer for the Three Bedroom Suites provides purchases can be made with only USD 500.00 Reservation Balance Payable without interest over 60 consecutive equal monthly payments USD 2,518.06. Alternatively Save USD 9,065.01 by making the Reservation, USD 500.00 then within 30 days 30% Net Discounted Down Payment USD 36,260.05 and Balance payable without interest over 60 consecutive equal monthly payments USD 1,762.64. Another option, Pay Cash and take a full 20% discount [Save USD 30,316.71] Pay 90% Now [USD 109,140.16] and 10% [USD 12,126.69] on unit Turnover from December 2009

Lancaster Suites Manila Atrium Tower A Reservations
For Available Penthouse Suites

Three Bedroom Penthouse Suites
New Price October 1, 2006

Lancaster Atrium Tower A Executive Three Bedroom Penthouse Suites. Average Floor Area 133.96 square meters [1442sqft] at $1,856.96/sqm. USD 248,758.36

Save USD 33,007.74 by Reserving a Unit Now at the Current Price

Lancaster Suites Manila Atrium Tower A Executive Three Bedroom Penthouse Suite. Floor Area 133.96 sqm [1,445sqft] at $1,610.56/sqm. USD 215,750.62 [Including Taxes] These units are all 2-Storey Loft-Type “Corner Suites” either facing Ortigas Center overlooking Pasig towards Laguna de Bay and Antipolo or overlooking Mandaluyong, Makati towards Manila Bay and Swimming Pool Deck. Current Special Offer for Penthouse Suites provide purchases with USD 500.00 Reservation and Balance Payable without interest over 60 consecutive equal monthly payments USD 3,587.51. Alternatively Save USD 12,915.03 by making the Reservation, USD 500.00 then within 30 days 30% Net Down Payment USD 51,660.15 and Balance payable without interest over 60 consecutive equal monthly payments USD 2,511.26. Another option, Pay Cash and take a full 20% discount [Save USD 43,150.12] Pay 90% Now [USD155,340.45] and 10% [USD 17,260.05] on unit Turnover from December 2009

Please note these are average floor areas. Actual unit sizes vary from floor to floor. Please note all Unit offers on Cash Basis will be given Priority Reservation Status. Prices quoted are in US Dollars at current [fixed contract] exchange rate now Pesos 50.00/USD 1.00

All Lancaster Residential Suites Unit Features Include:

• Vitrified ceramic tiles in living, dining areas
• Ceramic tiles in kitchen and toilet and bath
• Toilets with mechanical ventilation
• Plastered cement with painted finishes
• Provisions for split type air-conditioners

For a Copy of the Lancaster Suites Slide Show Presentation...
Copy and paste the following URL directly into your Web Browser
http://www.kodakgallery.com/I.jsp?c=thslvaa.507okf1e&x=0&y=gzpcua
 
PLC International Marketing Networks
Pacific Concord Properties Inc., Manila Head Office
Shaw Boulevard, Mandaluyong City. Metro Manila. Philippines
Phone: Manila [632] 717 1958 Fax: Manila [632] 718 1828

Pacific Concord Properties Inc., Cebu Office
Lapu-Lapu City, Mactan. Cebu. Philippines
Phone: Cebu [6332] 340 0721 Fax: [6332] 495 4938
Email: plcsales@pldtdsl.net 
Web: http://www.plcsales.coms.ph [Lancaster Suites]
Web: http://www.lancastersuites.com [Condotel Forum]
 

 
 

Obviously ! 

Foreign Nationals can only own Condominiums in the Philippines.

A Warning to all Foreign Nationals whom use their wives, girlfriends and corporations to acquire land or house and lot [ILLEGALLY] in the Philippines...... You can only own a Condominium in your name and stead ! ....

The Hon. Philippine Supreme Court recently ruled with finality...
FIRST DIVISION IN RE: PETITION FOR G.R. No. 149615
SEPARATION OF PROPERTY

ELENA BUENAVENTURA MULLER,
- versus -
HELMUT MULLER,
August 29, 2006
x ------------------------- x

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT THE RESPONDENT HEREIN IS ENTITLED TO REIMBURSEMENT OF THE AMOUNT USED TO PURCHASE THE LAND AS WELL AS THE COSTS FOR THE CONSTRUCTION OF THE HOUSE, FOR IN SO RULING, IT INDIRECTLY ALLOWED AN ACT DONE WHICH OTHERWISE COULD NOT BE DIRECTLY x x x DONE, WITHOUT DOING VIOLENCE TO THE CONSTITUTIONAL PROSCRIPTION THAT AN ALIEN IS PROHIBITED FROM ACQUIRING OWNERSHIP OF REAL PROPERTIES LOCATED IN THE PHILIPPINES.

II

THE COURT OF APPEALS GRAVELY ERRED IN SUSTAINING RESPONDENT'S CAUSE OF ACTION WHICH IS ACTUALLY A DESPERATE ATTEMPT TO OBTAIN OWNERSHIP OVER THE LOT IN QUESTION, CLOTHED UNDER THE GUISE OF CLAIMING REIMBURSEMENT.

Petitioner contends that respondent, being an alien, is disqualified to own private lands in the Philippines; that respondent was aware of the constitutional prohibition but circumvented the same; and that respondent's purpose for filing an action for separation of property is to obtain exclusive possession, control and disposition of the Antipolo property.

Respondent claims that he is not praying for transfer of ownership of the Antipolo property but merely reimbursement; that the funds paid by him for the said property were in consideration of his marriage to petitioner; that the funds were given to petitioner in trust; and that equity demands that respondent should be reimbursed of his personal funds.

The issue for resolution is whether respondent is entitled to reimbursement of the funds used for the acquisition of the Antipolo property.

The petition has merit.

Section 7, Article XII of the 1987 Constitution states:

Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Aliens, whether individuals or corporations, are disqualified from acquiring lands of the public domain. Hence, they are also disqualified from acquiring private lands.[9] The primary purpose of the constitutional provision is the conservation of the national patrimony. In the case of Krivenko v. Register of Deeds,[10] the Court held:

Under section 1 of Article XIII of the Constitution, "natural resources, with the exception of public agricultural land, shall not be alienated," and with respect to public agricultural lands, their alienation is limited to Filipino citizens. But this constitutional purpose conserving agricultural resources in the hands of Filipino citizens may easily be defeated by the Filipino citizens themselves who may alienate their agricultural lands in favor of aliens. It is partly to prevent this result that section 5 is included in Article XIII, and it reads as follows:

"Sec. 5. Save in cases of hereditary succession, no private agricultural land will be transferred or assigned except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines."

This constitutional provision closes the only remaining avenue through which agricultural resources may leak into aliens' hands. It would certainly be futile to prohibit the alienation of public agricultural lands to aliens if, after all, they may be freely so alienated upon their becoming private agricultural lands in the hands of Filipino citizens. x x x

x x x x

If the term "private agricultural lands" is to be construed as not including residential lots or lands not strictly agricultural, the result would be that "aliens may freely acquire and possess not only residential lots and houses for themselves but entire subdivisions, and whole towns and cities," and that "they may validly buy and hold in their names lands of any area for building homes, factories, industrial plants, fisheries, hatcheries, schools, health and vacation resorts, markets, golf courses, playgrounds, airfields, and a host of other uses and purposes that are not, in appellant's words, strictly agricultural." (Solicitor General's Brief, p. 6.) That this is obnoxious to the conservative spirit of the Constitution is beyond question.

Respondent was aware of the constitutional prohibition and expressly admitted his knowledge thereof to this Court.[11] He declared that he had the Antipolo property titled in the name of petitioner because of the said prohibition.[12] His attempt at subsequently asserting or claiming a right on the said property cannot be sustained.

The Court of Appeals erred in holding that an implied trust was created and resulted by operation of law in view of petitioner's marriage to respondent. Save for the exception provided in cases of hereditary succession, respondent's disqualification from owning lands in the Philippines is absolute. Not even an ownership in trust is allowed. Besides, where the purchase is made in violation of an existing statute and in evasion of its express provision, no trust can result in favor of the party who is guilty of the fraud. [13] To hold otherwise would allow circumvention of the constitutional prohibition.

Invoking the principle that a court is not only a court of law but also a court of equity, is likewise misplaced. It has been held that equity as a rule will follow the law and will not permit that to be done indirectly which, because of public policy, cannot be done directly.[14] He who seeks equity must do equity, and he who comes into equity must come with clean hands. The latter is a frequently stated maxim which is also expressed in the principle that he who has done inequity shall not have equity. It signifies that a litigant may be denied relief by a court of equity on the ground that his conduct has been inequitable, unfair and dishonest, or fraudulent, or deceitful as to the controversy in issue.[15]

Thus, in the instant case, respondent cannot seek reimbursement on the ground of equity where it is clear that he willingly and knowingly bought the property despite the constitutional prohibition.

Further, the distinction made between transfer of ownership as opposed to recovery of funds is a futile exercise on respondent's part. To allow reimbursement would in effect permit respondent to enjoy the fruits of a property which he is not allowed to own. Thus, it is likewise proscribed by law. As expressly held in Cheesman v. Intermediate Appellate Court:[16]

Finally, the fundamental law prohibits the sale to aliens of residential land. Section 14, Article XIV of the 1973 Constitution ordains that, "Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain." Petitioner Thomas Cheesman was, of course, charged with knowledge of this prohibition. Thus, assuming that it was his intention that the lot in question be purchased by him and his wife, he acquired no right whatever over the property by virtue of that purchase; and in attempting to acquire a right or interest in land, vicariously and clandestinely, he knowingly violated the Constitution; the sale as to him was null and void. In any event, he had and has no capacity or personality to question the subsequent sale of the same property by his wife on the theory that in so doing he is merely exercising the prerogative of a husband in respect of conjugal property. To sustain such a theory would permit indirect controversion of the constitutional prohibition. If the property were to be declared conjugal, this would accord to the alien husband a not insubstantial interest and right over land, as he would then have a decisive vote as to its transfer or disposition. This is a right that the Constitution does not permit him to have.

As already observed, the finding that his wife had used her own money to purchase the property cannot, and will not, at this stage of the proceedings be reviewed and overturned. But even if it were a fact that said wife had used conjugal funds to make the acquisition, the considerations just set out to militate, on high constitutional grounds, against his recovering and holding the property so acquired, or any part thereof. And whether in such an event, he may recover from his wife any share of the money used for the purchase or charge her with unauthorized disposition or expenditure of conjugal funds is not now inquired into; that would be, in the premises, a purely academic exercise. (Emphasis added)

WHEREFORE, in view of the foregoing, the instant petition is GRANTED. The Decision dated February 26, 2001 of the Court of Appeals in CA-G.R. CV No. 59321 ordering petitioner Elena Buenaventura Muller to reimburse respondent Helmut Muller the amount of P528,000 for the acquisition of the land and the amount of P2,300,000 for the construction of the house in Antipolo City, and the Resolution dated August 13, 2001 denying reconsideration thereof, are REVERSED and SET ASIDE. The August 12, 1996 Decision of the Regional Trial Court of Quezon City, Branch 86 in Civil Case No. Q-94-21862 terminating the regime of absolute community between the petitioner and respondent, decreeing a separation of property between them and ordering the partition of the personal properties located in the Philippines equally, is REINSTATED.

SO ORDERED.


Philippine Property Ownership

• Foreign Ownership of Philippine Real Estate & Assets

A Foreign National can only own Philippine Real Estate through the purchase of Condominium Units or Townhouses constituted under the Condominium principle with Condominium Certificates of Title [CCT Title Deeds].. [Note* Townhouses covered by a Transfer Certificate of Land Title are not allowed to be owned by Foreign Nationals].

Foreign Nationals can buy and own in their own name, condominium units under Republic Act 4726, otherwise known as the Condominium Act, provides that no condominium unit can be sold without at the same time selling the corresponding amount of rights, shares or other interests in the condominium management body (The Condominium Corporation), and no one can buy shares in a condominium corporation without at the same time buying a condominium unit. Now the Condominium Act of the Philippines, R.A. 4726, expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40 % of the total and outstanding capital stock of a Filipino owned or controlled corporation.

As for Philippine Visa Requirements, a 21 day Tourist Visa is normally extended upon arrival in the Philippines and can be extended for periods up to 6 months stay. For those Nationals planning to stay for longer term visits to the Country, or for Non Philippine Nationals, a Retirement Visa may be applied through the Philippine Leisure and Retirement Authority (PLRA). Pre-existing investments in the form of a previously purchased condominium unit, shares of stock in corporations, leasehold agreements and proprietary membership shares are no longer accepted in lieu of the required 6 month inward remittance of a US dollar time deposit in the amount of USD 50,000.00 or USD 75,000.00, whichever is applicable.

• Right To Own Philippine Real Property

Under the pertinent provisions of the Philippine Constitution only Filipino citizens and corporations or partnerships at least 60% Philippine owned are entitled to acquire LAND in the Philippines. As an exception to this rule, foreign acquisition of Philippine real estate is allowed in the following cases. Acquisition before the 1935 constitution. Acquisition thru hereditary succession if the foreign national is a legal heir. Purchase of a Condominium Unit or not more than 40% interest as a whole in a condominium project or entire building. Purchase by a former natural born Filipino citizen subject to the limitations prescribed by law. A Filipino who is married to an alien retains their Philippine citizenship, unless by their act or omission they are deemed to have renounced their Philippine citizenship. [Please see notes on the Philippine Dual Citizenship Law].

• Foreign Ownership as a Philippine Corporation

Another way for foreign nationals to invest in Philippine Land is for the Foreign national or foreign corporation to create a Philippine Corporation to hold title to property required, used or held corrollary to the primary purposes of the business. This allows the Philippine corporation of a foreign national or foreign corporation less investment risk and more control of their Philippine real estate investment, and other Philippine investment assets. Foreign nationals, and corporations may 100% own a Philippine condominium or town home. However, care must be taken as a foreign investor and adequate caution should be taken upon considering taking title to real estate in this manner to avoid being accused of using Filipino Citizens as mere "Dummies" to circumvent Constitutional Provisions prohibiting Foreign Nationals from acquiring Land in the Philippines.

For private land, residential home with land lot and or commercial building with land lot ownership the foreign national and or corporation forms a Philippine Corporation to take ownership of the property. On paper, a Philippine Corporation by Philippine law will be a maximum of 40% foreign owned, and a minimum of 60% Filipino owned with a minimum of five incorporators. The Philippine corporation by law shall have a main bank account tied to it before and upon incorporation. A foreign national may be the sole person on the Philippine corporation bank account once after the Philippine corporation has been created and power of attorney has been handed over to the foreign investor at the time of incorporation. Thus allowing the foreign national total control over the funds derived and paid out from the Philippine Corporation and from the income or sale of the asset or real estate property. However, as previously mentioned, care must be taken as a foreign investor and adequate caution should be taken upon considering taking title to real estate in this manner to avoid being accused of using Filipino Citizens as mere "Dummies" to circumvent Constitutional Provisions prohibiting Foreign Nationals from acquiring Land in the Philippines. A typical example of "bona fide" property holdings would be Hotels, Guest Houses, Offices and Commercial Premises, Investments in Condominiums or Condotel Investments in the Philippines as Income Generating Real Estate.

• Foreigner Married to a Philippine Citizen

If holding land title as an individual, a typical situation would be that a foreigner married to a Philippine citizen would hold the land title in the Philippine spouses name. The foreign spouse's name cannot be on the property Land Title and he/she will never have any rights over the property whatsover but can be on the contract to buy the property. In the event of death of the Philippine spouse, the foreign spouse is allowed a reasonable amount of time to dispose of the property and collect the proceeds or the property will pass to any Philippine heirs and or relatives. As a foreign investor caution should be taken upon considering taking title to real estate in this manner. In the event of divorce or legal separation, a Foreign National will simply walk away without a cent as the property, even if sold, all proceeds will be awarded to the Filipino spouse.

We therefore fully reccomend that Foreign Nationals only purchase and/or invest in Condominium Units in the Philippines.

For further information please do not hesitate to contact us....

PLC International Marketing Networks
Pacific Concord Properties Inc - Head Office Manila
Tel: [Manila 63 2] 717 1958 [Direct Line]
Fax: [Manila 63 2] 718 1828
Email: plcsales@pldtdsl.net
Web: http://www.plcsales.coms.ph [Lancaster Manila]
Web: http://www.lancastercebu.coms.ph [Lancaster Cebu]
Web: http://www.lancastersuites.com [Condotel Forum]