Badayos & Badayos Law

Real estate lawyers in Cebu City and across the Philippines.

Most property problems we see could have been found before the money moved. Due diligence is more than a title check: it covers the tax position, possession, the boundaries, the encumbrances, and the seller’s authority to sell.

What we do

Due diligence

Due diligence before purchase: verifying the land title itself, tax, actual possession, boundaries, encumbrances, and the seller’s authority to sell.

Foreign buyers

Advising foreign buyers, and former Filipinos, on what they may lawfully acquire in the Philippines and which routes are genuinely open to them.

Deeds and registration

Deeds of sale, and the transfer of title that follows, including the steps at the Registry of Deeds and the assessor.

Leases

Leases, both for owners and for tenants, and the provisions that matter more than the rent.

Development and construction

Development and construction arrangements.

Property disputes

Property litigation: ejectment, title, possession, boundaries, co-ownership, and enforcement.

Late review

Reviewing a transaction you have already committed to.

Questions we are asked

01Can a foreigner buy land in the Philippines?

As a rule, no. The Constitution provides that save in cases of hereditary succession, private land may be transferred only to those qualified to hold land of the public domain. There is a separate provision for a natural-born Filipino who has lost citizenship, who may be a transferee of private land subject to limits set by law. Arrangements designed to defeat the prohibition are the ones we are most often asked to unwind, and unwinding one is expensive.

02The seller only has a tax declaration. Is that a problem?

A tax declaration is not a title. It records that someone has been paying tax on a property; it does not by itself establish who owns it. Before money moves we check what is registered at the Registry of Deeds, who is in possession, and whether the person selling has the authority to sell.

03How long does transferring a title take, and what does it cost?

Taxes and registration charges make up most of the cost, and the pace is set by the assessor, the tax authorities, and the Registry of Deeds. We will tell you the sequence and where the delays usually occur before you commit to a closing date.

04We are about to sign. Is due diligence really necessary?

Yes. It is the cheapest part of the transaction, and it is the only stage at which a problem can still be walked away from. Almost everything that matters about a property can be established before the money moves: the title, the tax position, who is in possession, the boundaries on the ground, the encumbrances annotated on the title, and whether the seller can sell at all. After signing, the same facts become a dispute.

05We already bought it. Is it too late for you to look?

Not always. Some problems are still fixable at the registry, some are answered by documents the seller still holds, and some are subject to periods that are running. What we can do depends on the defect, so bring us the title and the deed.

06Our land has no access to the road. What can we do?

The law allows an owner to compel a right of way across a neighboring property, on conditions and against an indemnity to the owner who gives it up. Whether your land qualifies turns on the facts of the two properties, so have it assessed before you negotiate with the neighbor.

07What should a lease deal with?

What happens at the end of the term, who repairs what, what may be improved and who owns the improvement afterwards, and what either side may do if the other stops performing. We act for owners and for tenants, and the provisions that matter are the same for both.

08Someone is occupying our property. What are the options?

The options depend on how the occupation began and how long it has run, because those two facts decide which case you file and how quickly it can move. The wrong case can be dismissed. We establish which applies before drafting anything.