Browse real questions from Filipinos abroad, answered by our verified lawyers.
Estate Settlement
"Can my brother in Manila sell our family land without my signature? I have been living in Norway for 20 years."
No. As a co-owner, your written consent (usually through a Special Power of Attorney) is required for any sale of co-owned property. Your brother cannot legally sell the land without your authorization...
Estate Settlement
"My father passed away in Pampanga. He left a house and lot. How do we settle the estate from abroad?"
For properties without a will, the heirs can execute an Extrajudicial Settlement of Estate, provided all heirs agree and there are no outstanding debts. You can sign the notarized document at a Philippine consulate in your country...
Special Power of Attorney
"What is a Special Power of Attorney and how do I get one notarized here in Denmark to use in the Philippines?"
An SPA is a legal document authorizing someone in the Philippines to act on your behalf for specific transactions. In Denmark, you have it notarized by a Danish notary and then apostilled at the Danish Ministry of Foreign Affairs...
Title Transfer
"I bought a property in Cebu from a relative. The title is still in their name. How do I transfer the title now that I live in the UK?"
Title transfer requires a Deed of Absolute Sale, payment of Capital Gains Tax and Documentary Stamp Tax, and filing with the BIR and Registry of Deeds. You can authorize a trusted person in the Philippines via SPA to handle this on your behalf...
Property Dispute
"My neighbor has been occupying part of my lot in Davao for years. I have the title. Can I do something about this from Australia?"
Yes. Since you hold a clean title, you have strong legal standing. A lawyer can file an ejectment case on your behalf. You would need to execute an SPA authorizing the lawyer to represent you in court proceedings...
Tax Compliance
"I want to sell my property in QC. What taxes do I need to pay, and can I pay them from abroad?"
The seller typically pays Capital Gains Tax (6% of the selling price or zonal value, whichever is higher) and Documentary Stamp Tax (1.5%). These can be handled by a local representative with an SPA. Your broker can also assist in coordinating with BIR...