Rules Governing Philippine Citizenship

Republic of the Philippines
Department of Justice
BUREAU OF IMMIGRATION
Manila

MEMORANDUM CIRCULAR NO. AFF-04-01

RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT R.A. No. 9225 AND ADMINISTRATIVE ORDER (A.O.) NO. 91, SERIES OF 2004.

WHEREAS, R.A. No. 9225 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship under conditions provided therein;

WHEREAS, A.O. No. 91, Section 1 designated the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General, National Statistics Office (NSO), as the implementing agency of R.A. No. 9225

WHEREAS, A.O. No. 91, Section 2 authorizes the BI to promulgate and issue rules and regulations to implement R.A. No. 9225 ;

WHEREFORE, by authority of A.O. No. 91 Section 2 in relation to Commonwealth Act. No. 613, Section 3, as amended, the following rules are hereby adopted to carry out the provisions of R.A. No. 9225

Section 1. Coverage. – These rules shall apply to former natural-born citizens of the Philippines, as define by Philippine law and jurisprudence, who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country.

Sec. 2. Former natural-born Philippine citizen already in the Philippines and a BI-registered alien – A former natural-born citizen of the Philippines who is already in the Philippines and registered in the BI shall file a petition under oath to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR) and issuance of an Identification Certificate (IC), as the case may be, under R.A. No. 9225

Sec. 3. Former natural-born Philippine citizen who is abroad but a BI registered alien – A former natural-born citizen of the Philippines who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for evaluation. Thereafter, it shall forward the entire records to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR) and issuance of an IC under R.A. No. 9225

Sec. 4. Former natural-born Philippine citizen already in the Philippines and not a BI-registered alien – A former natural-born citizen of the Philippines who is already in the Philippines but has not registered with the BI within sixty (60) days from date of his arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under R.A. No. 9225

Sec. 5. Former Natural-born Philippine citizen who is abroad and not a BI-registered alien – A former natural-born citizen of the Philippines who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for the issuance of an IC under R.A. No. 9225

Sec. 6. Forwarding address. Photographs. – In all petitions under Sections 2 to 5 hereof, the applicant must indicate his or her latest forwarding address. Three (3) recent 2” x ”2 photographs of the applicant (front, left side, and right side views over white background) shall be attached to the petition.

Sec. 7. Fees. – Each applicant under these Rules shall pay a one-time fee for the processing of the application and issuance of the corresponding IC.

Applicants already in the Philippines shall attach the official receipt for the amount of P2,500.00 as proof of payment of processing fee. Applicants who are abroad shall attach the official receipt for the amount of US$50 or its equivalent in foreign currency acceptable to the Philippine Foreign Post concerned.

Sec. 8. Proof as natural-born citizen of the Philippines. – A former natural-born citizen of the Philippines, who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth certificate.

On the other hand, a former natural-born citizen of the Philippines, who was born abroad, shall submit the original copy of the Report of Birth issued by the Philippine Foreign Post and in applicable cases, the Birth Certificate issued by competent foreign authorities.

These documents shall be sufficient to establish that the applicant is a natural-born citizen of the Philippines for purposes of these Rules.

Sec. 9. Submission of the Oath of Allegiance – Applicants under these Rules shall also sign and attach an Oath of Allegiance to the Republic of the Philippines as follows:

“I, (name of the applicant) solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the Philippines, and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto, and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.”

Sec. 10. Strict compliance. Effect of non-compliance. – All petitions must strictly comply with the preceding requirements prior to filing at the Office of the Commissioner or at the nearest Philippine Foreign Post, as the case may be. After the filing of the petition, the same shall be assigned to an evaluating officer who shall evaluate the petition without further proceedings.

In the case of petitions that do not comply with the requirements, the applicant shall be notified to submit the required documents within thirty (30) days from receipt thereof. Otherwise, the petition shall not be favorably acted upon by the Bureau of Immigration or by the Philippine Foreign Post.

If after evaluation, the documents submitted fail to establish that the applicant is a natural-born citizen of the Philippines, the applicant shall be notified of such fact in writing by the Commissioner of Immigration or by the Philippine Foreign Post.

Sec. 11. Approval Procedures. – If the petition is found to be sufficient in form and in substance, the evaluating officer shall submit the findings and recommendation to the Commissioner of Immigration or Consul-General, as the case may be, within five (5) days from date of assignment.

For Applications filed under Section 2 and 4 of these Rules, the Commissioner of Immigration shall issue, within five (5) days from receipt thereof, an Order of Approval indicating that the petition complies with the provisions of R.A. No 9225 and its IRR, and further direct the chief of the Alien Registration Division (ARD) to cancel the subject ACR and/or to issue the corresponding IC to the applicant.

Each cancelled ACR shall, however, be attached to the Order of Approval to form part of the records of the applicant.

For applications filed under Section 3 and 5 of these Rules, the Consul-General shall issue, within five (5) days from receipt thereof, the Order of Approval indicating that the petition complies with the provisions of R.A. No. 9225 and its IRR. He shall then transmit copies of the Order of Approval, Oath of Allegiance, including the authenticated Record of Birth or Birth Certificate to the BI. Immediately upon receipt thereof, the BI shall issue the corresponding IC to the applicant and forward the same to the Philippine Foreign Post concerned. If the applicant is a BI-registered alien, the BI shall also cancel the subject ACR.

Sec. 12. Conferment of Philippine citizenship. Conditions. – Subject to full compliance with these Rules, the Oath of Allegiance shall be the final act that confers Philippine citizenship.

In case the applicant is in the Philippines, he may take his Oath of Allegiance before the Commissioner of the Immigration or any officer authorized under existing laws to administer oath. In the latter case, the applicant must submit the Oath of Allegiance to the BI to form part of his records.

In case the applicant is abroad, only the Consul General or a duly commissioned foreign service officer of the Philippine Foreign Post concerned shall administer the Oath of Allegiance.

The Oath of Allegiance shall thereafter be registered in accordance with the provisions of the Civil Registry laws.

Sec. 13. Repository of Records – The BI Records Section shall maintain the integrity of all the documents filed under these Rules. It shall send official copies of the Order of Approval and Oath of Allegiance to the NSO.

Sec. 14. Copies for the Applicant. Identification Certificate. Correction of errors. – The applicant shall be provided with an official copies of the Order of Approval and the Oath of Allegiance. Further, all IC’s issued under these Rules shall indicate Philippine citizenship under R.A. No. 9225 and A.O. N0. 91 s. 2004. Any clerical error or errors in the entries of the IC may be corrected, upon written request to and approval by the Commissioner of Immigration. The NSO shall be promptly provided with a copy of the corrected IC.

Sec. 15. Confidentiality of Records. – Any application, document of information given before the Bureau of Immigration or any Philippine Foreign Post shall not be divulged in any manner to any person or entity without the express written consent of the person to whom such application, record or information belongs.

Sec. 16. Other beneficiaries of R.A. No. 9225 – This memorandum circular shall equally apply to the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon the activity of R.A. No. 9225

Sec. 17. Exemption from administrative review. Limitations. – The conferment of Philippine citizenship under these Rules shall no longer be subject to the affirmation by the Secretary of Justice pursuant to the DOJ Policy Directive of 7 September 1970 and Opinion No. 108, s. 1996.

However, Philippine citizenship under these Rules may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.

 

Sec. 18. Effectivity. – This memorandum circular takes effect fifteen (15) days after its publication in the two (2) newspapers of general circulation.

 

Source: http://immigration.gov.ph

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Special Resident Retiree's Visa

SRR VISA

2010-08-18

Under the Presidential Executive Order No. 1037 (also known as PRA Charter), the Philippine Retirement Authority is mandated to make available a comprehensive and attractive retirement package for potential foreign retirees who seek an easy and comfortable lifestyle. With this in mind, the PRA is committed to provide its retirees a wholistic retirement environment.

The SRRV Application Process

In order to apply for the SRR Visa, you may visit the PRA One Stop Shop center at the 29th Floor, Citibank Tower, Paseo de Roxas, Makati City, Philippines. You may secure an SRR Visa application form and also apply for the National Bureau of Investigation (NBI) clearance. You may likewise obtain a schedule for your medical exam. Our staff will then evaluate and process your application when these documents are submitted. For SRR Visa Enrollment Options.

Once these documentary requirements are met, and the necessary fees settled, the endorsement of the SRR Visa application is prepared and sent to the Bureau of Immigration for approval. The approval of the SSR Visa normally takes 5 to 7 working days. Once the SRR Visa is approved, then the PRA ID card is issued. This card will serve as the Alien Certificate of Registration (ACR) which exempts the bearer from the Annual Registration requirement, Exit Clearance and Re-entry Permit, and from the application of the I-card as otherwise required by the Bureau of Immigration.

Benefits

Once you are an SRRV Visa holder, it opens the door to vast opportunities and benefits. These include:

1.   Option to Retire Permanently

• You may live, work and study in the Philippines

2.   Multiple Entry Privileges

• You may travel outside the Philippines and re-enter anytime

3.   Exemptions from:

• Income tax over your pension and annuities;
• Exit and re-entry permits of the Bureau of Immigration;
• Annual registration requirement of the Bureau of Immigration;
• Customs Duties and Taxes with regard to the importation of household goods and personal effects up to US$7,000.00;
• Travel tax, if you stay in the Philippines is less than one year from the last entry date; and
• I-Card

As an SRR Visa holder, the PRA can assist you in obtaining basic documents from other government agencies. These include, but are not limited to:

• Alien Employment Permit
• Driver's License
• Tax Exemption/Extension Certificate
• Tax Identification Number
• National Bureau of Investigation (NBI) Clearance

Enrollment Options

A retiree who applies for a Special Resident Retiree Visa (SRRV) has the option to enroll to the program based from his retirement status.

Retirement Option and their Required Time Deposit

1.       With Pension – 50 years. Old and above – the required time deposit is US$10, 000.00 plus a monthly pension of US$800.00 for a single applicant and US$1,000.00 for couple

2.       Without Pension

• 35 to 49 years old – US$50, 000.00 time deposit
• 50 years old and above – US$20, 000.00 time deposit
• Former Filipino Citizens (at least 35 years old, regardless of the number of dependents – US$1,500.00)
• Ambassadors of foreign countries who served and retired in the Philippines, current and former staff members of international organizations including ADB (at least 50 years old) - US$1,500.00

3.       A resident retiree can bring with him, without additional deposit, his spouse and a child who is unmarried and below 21 years old or if the spouse is not joining, two (2) children (provided they are unmarried and under 21 years of age.) Additional children with the same qualifications may also be allowed to join the principal retiree provided there is an additional deposit of US$15,000.00 per child. The said time deposit however, is subject the same and conditions with that of the principal deposit. This does not apply to former Filipino Citizens.

Eligibility

Former Filipino citizens and foreign national except those classified as restricted by the Philippine Department of Foreign Affairs and the Bureau of Immigration are eligible to apply for the SRR Visa. Also, he or she should be:

• At least 35 years old
• Without criminal record
• Meeting medical standards
• Meeting the investment requirement

Documentary Requirements

PRINCIPAL RETIREE APPLICANT

   1. Duly accomplished SRRV Application Form.
   2. Original Passport with Valid Entry Visa
   3. Medical Examination Clearance

• Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office.
• Can also be secured in the Philippines at the PRA One-Stop Service Center or at any clinic/hospital.

   4. Police Clearance and National Bureau of Investigation (NBI) Clearance

• Police Clearance only, for retiree-applicants whose stay in the Philippines is thirty (30) days or less from date of last entry, which must be secured from the applicant’s country of origin (with English translation) duly authenticated by the Philippine Embassy or Consular Office.
• Police Clearance (from the applicant’s country of origin) and National Bureau of Investigation (NBI) Clearance for retiree applicants whose stay in the Philippines is more than 30 days from date of last entry.

   5. ID Pictures - twelve (12) pieces of 2"x2"
   6. Bank Certificate of Time Deposit Inwardly Remitted to any PRA Accredited Banks

• A retiree applicant is required to remit deposit through telegraphic transfer to any PRA Accredited Banks (download telegraphic transfer form)
• Non-Withdrawability of Retiree’s Deposit – The Retiree’s deposit or account shall not be withdrawn by the retiree for the duration of his participation in the Program and the depository bank shall not allow such withdrawal except upon proper notice or approval by the PRA.
• However, the interest earning of the Time Deposit is withdrawable without PRA clearance.

   7. Fees:

• US$1,400.00 application fee or equivalent Philippine Peso. (one time)
• The Application Fee is non-refundable

ADDITIONAL REQUIREMENTS FOR PRINCIPAL RETIREE APPLICANTS UNDER THE WITH PENSION PROGRAM:

1. Certification of Retirement Benefits issued by the concerned government and/or private entity which clearly states your identity, date of effectivity of the payment of pension and the amount of monthly pension; and
2. Proof of your monthly pension remitted to the Philippines.

NOTE:
ALL DOCUMENTS OBTAINED / ISSUED ABROAD MUST HAVE AN ENGLISH TRANSLATION DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY / CONSULAR OFFICE.

SPOUSE

1. Duly accomplished SRRV Application Form.
2. Original Passport with Valid Entry Visa
3. Medical Examination Clearance

• Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office. If the applicant is in the Philippines, it can be secured at the PRA One-Stop Service Center or at any clinic/hospital

        4.  Police Clearance and National Bureau of Investigation (NBI) Clearance

• Police Clearance only, for retiree-applicants whose stay in the Philippines is thirty (30) days or less from date of last entry, which must be secured from the applicant’s country of origin (with English translation) duly authenticated by the Philippine Embassy or Consular Office.
• Police Clearance (from the applicant’s country of origin) and National Bureau of Investigation (NBI) Clearance for retiree applicants whose stay in the Philippines is more than 30 days from date of last entry.

         5. ID Pictures - twelve (12) pieces of 2"x2"
         6. Marriage Certificate or in its absence, any of the following:

• For Koreans & Japanese - Family Register/Domicile
• For Taiwanese - Household Register
• For P.R.O.C. Chinese - Certificate of Relationship
• For Japanese - Koseki Tohon

         7. Fees:

• US$300.00 application fee or equivalent Philippine Peso (one time)
• The Application Fee is non-refundable

NOTE:
ALL DOCUMENTS OBTAINED / ISSUED ABROAD MUST HAVE AN ENGLISH TRANSLATION DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY / CONSULAR OFFICE.

DEPENDENT/S

   1. Duly accomplished SRRV Application Form.
   2. Original Passport with Valid Entry Visa
   3. Medical Examination Clearance

• Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office. If the applicant is in the Philippines, it can be secured at the PRA One-Stop Service Center or at any clinic/hospital

   4. Police Clearance and National Bureau of Investigation (NBI) Clearance(applies only for 18yrs. old and above)

• Police Clearance only, for retiree-applicants whose stay in the Philippines is thirty (30) days or less from date of last entry, which must be secured from the applicant’s country of origin (with English translation) duly authenticated by the Philippine Embassy or Consular Office.
• Police Clearance (from the applicant’s country of origin) and National Bureau of Investigation (NBI) Clearance for retiree applicants whose stay in the Philippines is more than 30 days from date of last entry.

   5. ID Pictures - twelve (12) pieces of 2"x2"
   6. Birth Certificate or in its absence, any of the following:

• Family Register/Domicile (for Koreans & Japanese)
• Household Register (for Taiwanese)
• Certificate of Relationship (for P.R.O.C. Chinese)
• Koseki Tohon (for Japanese)

   7. Fees:

• US$ 300.00 application fee or equivalent Philippine Peso(one time)
• The Application Fee is non-refundable

   8. Additional Dollar Deposit

• For every additional dependent (in excess of two) an additional US$15,000.00 deposit under the name of the Principal, shall be required per dependent except for former Filipino citizens.

NOTE:
ALL DOCUMENTS OBTAINED / ISSUED ABROAD MUST HAVE AN ENGLISH TRANSLATION DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY / CONSULAR OFFICE.

Members Obligations

1.   Yearly renewal of the PRA ID Card

• Retirees may request for a 3-year validity of the ID card upon the accomplishment of a Deed of Undertaking that the required deposit will remain in the bank for another 3 years.

2.   Payment of Annual Visitorial Fee

• Retirees are obliged to pay the annual visitorial fee and submit specific documents if the required deposit has been converted into active investment.

3.   Notification of Changes in Personal Information

• These changes may include change in address, phone numbers and email address.

4.   Cancellation of the SRR Visa

• Retirees should provide a written notice to the PRA within 30 days prior to his/her cancellation of the SRR Visa.

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RA 9646- IRR RESA Law

RA 9646- IRR Published

2010-08-18

Salient Features of The Implementing Rules & Regulations (IRR) of The “Real Estate Service Act” law (Republic Act No. 9646 ) published last 24 July 2010 and shall take effect 15 days after publication

1. Every real estate service practitioner (real estate consultant, real estate appraiser, real estate assessor, real estate broker) except the real estate salesperson shall be required to undergo licensure examination and registration under the PRC. (Rule III, Sec 12)
2. Those who wish to be licensed real estate brokers must meet the minimum qualification for examinations, which include a relevant Bachelor’s degree from an education institution duly recognized by the CHED. (Rule III, Sec 14).
3. The PRC shall not issue a certificate of registration to any successful examinee who has been convicted by a court for any criminal offense, or has been guilty of immoral or dishonorable conduct, or has be found to be psychologically unfit. (Rule III, Sec 18)
4. Those who are already licensed real estate brokers as of 30 July 2009 may be registered by the PRC without examination provided they are in active practice, and have undertaken the relevant Continuing Professional Education or Continuing Education Program. (Rule III, Sec 20 a)
5. All licensed real estate brokers shall be required to post a surely Bond of P20,000.00 renewable every three years. (Rule IV, Sec 26)
6. No person shall be allowed to practice as a real estate broker unless he or she is a licensed real estate broker. (Rule IV, Sec 29)
7. Real estate salespersons do not have to undertake the licensure examinations, but they shall be accredited by the PRC, provided they have completed at least two years of college, and have undergone training and seminars of at least 12 credit units in real estate brokerage, (Rule IV, Sec 31)
8. Real estate salespersons already registered with the DTI/HLURB may be accredited by the PRC until 30 July 2011.
9. Real estate salespersons shall be under the direct supervision and accountability of a real estate broker. (Rule IV, Sec 31)
10. Real estate salespersons cannot be signatories to a written agreement involving real estate transactions unless the real estate broker who has direct supervision over them is also a signatory. (Rule IV, Sec 31)
11. Real estate salespersons cannot negotiate, mediate or transact any real estate transactions for and in behalf of a real estate broker without first securing accreditation as a real estate salesperson for the real estate broker as prescribed by the PRC. (Rule IV, Sec 31)
12. A real estate broker shall be in violation of R.A. No. 9646 for utilizing the services of a real estate salesperson who has not secured accreditation with the PRC. (Rule IV, Sec 31)
13. Only the licensed real estate broker who has direct control and supervision of a real estate salesperson may receive or demand a fee, commission or compensation of any kind for any service rendered by the real estate salesperson in any real estate transaction. (Rule IV. Sec 32)
14. Divisions or departments of partnerships or corporations engaged in the selling of any real estate development project must be headed by a licensed real estate broker. Branch offices of real estate brokers must be manned by a licensed real estate broker. (Rule IV, Sec 32)
15. Every licensed real estate broker shall establish and maintain a principal place of business and display their certificates of registration and professional identification card, as well as the certificates of registration and professional identification cards of all the real estate service practitioners employed in such office. (Rule IV, Sec 33)
16. Any violations of R.A. No. 9646 and its implementing rules & Regulations shall be meted a fine of P100,000.00 or imprisonment of two years, or both. Penalty on the fine and imprisonment shall be double if the violation is by an unlicensed real estate practitioner. (Rule V, Sec 39)
17. If the violation is committed by a partnership or corporation, the partner, president or manager who has committed, or consented to, or knowingly tolerated the violations shall be held directly liable and responsible for the acts as principal or as co-principal with the other participants. (Rule V, Sec 39)

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Pag-Ibig (HDMF)

Who should register with the Pag-IBIG Fund as members?

With the signing of Republic Act No. 9679, membership to the Fund shall be mandatory for the following:

• a. All employees, workers, professionals, officers and companies who are compulsorily covered by the SSS and GSIS
• b. Uniformed members of the Armed Forces of the Philippines, the Bureau of Fire Protection, the Bureau of Jail Management and Penology, and the Philippine National Police;
• c. Overseas Filipino Workers (OFWs)
• d. Filipinos employed by foreign-based employers, whether deployed locally or abroad.

Membership to the Fund is also open to the following:

• a. Non-working spouses of Pag-IBIG members;
• b. Filipino employees of foreign government or international organization, or their wholly-owned instrumentality based in the Philippines, in the absence of an administrative agreement with the Fund;
• c. Employees of an employer who is granted a waiver or suspension of coverage by the Fund under RA 9679;
• d. Leaders and members of religious groups;
• e. A member separated from employment, local or abroad, or ceased to be self-employed but would like to continue paying his/her personal contribution;
• f. Public officials or employees who are not covered by the GSIS such as barangay officials; and
• g. Filipinos naturalized in other countries.

How much is the monthly contribution?

The contribution rates for all mandatorily-covered members, including OFWs, are as follows:

The maximum monthly compensation used in computing the employee contributions is currently set at P5,000. This means that the maximum member contribution and employer counterpart per month are both currently P100.

What are the benefits of Pag-IBIG Membership?

The Fund offers its members the following benefits:

1. Savings
2. Short Term Loans
3. Access to Housing Programs

What is the Provident Savings Program?

The Pag-IBIG provident savings program is a fast, easy and affordable way for a member to save for his future needs. ember to save for his future needs.

The contributions that a member makes together with the employer counterpart are credited to his Total Accumulated Value (TAV). A member contributing two percent of his monthly compensation doubles his savings immediately with the addition of the employer counterpart contribution. Meanwhile, a member contributing one percent of his monthly compensation triples his savings as the employer counterpart remains at two percent.

Aside from being fully guaranteed by the national government, members’ contributions are deducted from the gross income prior to computation of the income tax.

Members’ savings earn annual dividends that are also tax-free. The dividend rate varies depending on the net income of the Fund at yearend.

When can a member withdraw his savings?

A member may withdraw his TAV or savings after 20 years of membership with the Fund and after having made a total of 240 monthly contributions.

A member may also withdraw his savings under any of the following valid grounds:

     a. Retirement

           • Early retirement at age 45

           • Optional retirement at age 60

           • Mandatory retirement at age 65

     b. Permanent departure from the country

     c. Permanent or total physical disability

     d. Insanity

     e. Termination from service by reason of health

     f. Death of the member

     g. Optional withdrawal at 10 or 15 continuous years of membership

• A member who registered under RA7742 may be allowed to withdraw his TAV after 10 or 15 years of continuous membership.

• A member who registered under RA9679 may be allowed to withdraw his TAV after 15 years of continuous membership.

     h. Other causes as may be provided by the Board of Trustees

What Short-Term Loans are available to the member?

Pag-IBIG Fund’s Short-term loan programs are meant to provide assistance to its members, provided they are active and have made at least 24 monthly contributions.

There are two short-term loan programs that a member may avail of when the need arises. The Multi-Purpose Loan Program was designed to help finance members’ immediate medical, educational or livelihood needs; minor home improvement, purchase of appliance and furniture, and other related needs.

Meanwhile, the Calamity Loan Program is extended to members who have been affected by a recent calamity, as proven by a declaration of calamity in their area of residence.

What Housing Programs are available for members?

An eligible member may avail of a housing loan under either the End-User Financing Program or the Magaang Pabahay, Disenteng Buhay Program.

Under the End-User Financing Program, a member may avail of a loan to finance any of the following (Circular 247):

• a. Purchase of a fully developed lot not exceeding one 1,000 square meters, which should be within a residential area;
• b. Purchase of a residential house and lot, townhouse or condominium unit, inclusive of a parking slot. The unit may be:

         • Old or brand new;

         • A property mortgaged with the Fund; or

        • An acquired asset, which is disposed of through sealed public bidding, negotiated  sale, or the Rent-to-Own Program.

• c. Construction or completion of a residential unit on a lot owned by the member;
• d. Home improvement, i.e. any alteration in an existing residential unit intended by a homeowner to be a permanent integral part of the property, which will enhance its   durability and material value;
• e. Refinancing of an existing mortgage with an institution acceptable to the Fund,  provided that:

         • The loan is not in default within the 12 months prior to the date of application;

         • The said loan has a repayment history of at two years with the original mortgagee

• f. Combination of loan purposes, which shall be limited to the following:

      • Purchase of a fully developed lot not exceeding 1,000square meters and construction of a residential unit thereon;

         • Purchase of a residential unit, whether old or new, with home improvement;

         • Refinancing of an existing mortgage with home improvement;

        • Refinancing of an existing mortgage, specifically a lot loan, with construction of a residential unit thereon.

Under the Magaang Pabahay, Disenteng Buhay Program, a qualified member may purchase an acquired asset of the Fund either in cash or through a housing loan at very reasonable prices. A buyer who purchases an acquired asset in cash is entitled to a 20% discount on the property’s sales price, while a buyer who purchases through a housing loan is entitled to a 15% discount on the property’s sales price.

Who are eligible to avail of a housing loan under the End-User Financing Program?

To qualify for a Pag-IBIG housing loan, a member must satisfy the following requirements:

• a. Must be a member under the Pag-IBIG I for at least 24 months, as evidenced by the remittance of at least 24 monthly contributions at the time of loan application.
• b. Not more than 65 years old at the date of loan application and must be insurable; provided further that he is not more than 70 years old at loan maturity;
• c. Has the legal capacity to acquire and encumber real property;
• d. Has passed satisfactory background/credit and employment/business checks conducted by the developer and the Pag-IBIG Fund;
• e. Has no outstanding Pag-IBIG housing loan, either as a principal borrower or co- borrower;
• f. Has not availed of a Pag-IBIG housing loan that was foreclosed, cancelled, bought back due to default, or subjected to dacion en pago, which shall include cases where the borrower is no longer interested to pursue the loan and surrenders the property;
• g. May have an outstanding Pag-IBIG multi-purpose loan but which is updated in payments at the time of loan application. A member whose multi-purpose loan is in arrears shall be required to pay his arrears over the counter to update his account.

Source: http://www.pagibigfund.gov.ph

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Guide in Title Transfer of Properties

This is the standard sharing of expenses between the buyer and the seller when transferring the real estate property title (TCT - Transfer Certificate of Title or CCT - Condominium Certificate of Title) to a new owner:

The SELLER pays for the:

• Capital Gains Tax equivalent to 6% of the selling price on the Deed of Sale or the zonal value, whichever is higher. Withholding Tax if the seller is a corporation
• Real estate taxes due up to date of sale.
• Broker's commission.

The BUYER pays for the cost of Registration:

• Documentary Stamp Tax - 1.5% of the selling price or zonal value or fair market value, which ever is higher.
• Transfer Tax - 0.5% - 0.75 %  of 1 % of the selling price, or zonal value or fair market value, which ever is higher.
• Registration Fee - 0.25% of the selling price, or zonal value or fair market value, which ever is higher.
• Incidental and miscellaneous expenses incurred during the registration process.

The above sharing of expenses is the standard practice in the Philippines. However, buyers and sellers can mutually agree on other terms as long as it is done during the negotiation period (before the signing of the "Deed of Sale").

The "Deed of Absolute Sale" is a Legal Document for  transfer of real estate property ownership.

1.  The Deed of Absolute  Sale is brought to the Bureau of Internal Revenue for the Computation of Capital Gains Tax / Withholding Tax and Documentary Tax . After payment of Taxes.
2. BIR will issue CAR (Certificate of Authority to Register)
3. Pay Transfer Fees at City Treasury
4. Pay Registration Fees at The Registry of Deeds and have Transfer of Ownership  officially recorded.
5. Registry of Deeds issue new Transfer Certificate of Title / or Condominium Certificate of Title.

Your Agent / Broker will usually do the registration process (sometimes for a fee). However, all government taxes, transfer fees and incidental or miscellaneous expenses will be shouldered by the buyer.

Documents needed when transferring the title (TCT or CCT) to the new owner:

• Certified true copy of the title / and
• Tax clearance
• Notarized copies of the Deed of Sale
• Certified true copy of Tax declaration of the property
• Receipt from Bureau of Internal Revenue that the capital gains tax and documentary stamps have been paid
• Certificate of Authority to Register  (CAR)
• Receipt of payment of the transfer tax and registration fees

An adapted form of the "Torrens" system of land registration is used in the Philippines. The system was adapted to assure a buyer that if he buys a land covered by an Original Certificate of Title (OCT) or the Transfer Certificate of Title (TCT) issued by the Registry of Deeds, the same will be absolute, indefeasible and imprescriptible.

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Tips in Buying Properties

Tips in buying any property in the Philippines, specially if buying a property from an individual:

1. Make sure the "Transfer Certificate of Title" is authentic. The easiest way to check if the title to the property you are buying is authentic is by getting "Certified True Copy" of the title from the Register of Deeds. This office is usually located at the city or municipal hall where the property is located. Ask the seller of the property for a photocopy of the title -you will need the title number and the name of the owner to get a certified true copy of the title from the Register of Deeds.
2. Verify that title is clean - meaning the property is not mortgaged (no liens & encumbrances on the property). You can see that at the back of the title with the heading "Encumbrances". This page must be empty if you are told that the title is "clean". But sometimes the space for the technical description of the property on the front page of the title is not enough and the description of the property is continued on the "Encumbrances" page, this is of course all right.
3. Make sure that the land described on the title is really the land that you are buying. You can validate this at the Register of Deeds or by hiring a private land surveyor or a geodetic engineer. Land titles don't have any street name and number to pin point a property, it is a must to confirm that the actual property you are buying matches the technical description on the Transfer Certificate of Title.
4. Make sure that the sellers are the real owners. If you are buying from an individual property owner, ask for identification papers like passport or driver's license, it is also a good idea to talk to the neighbors or the Barangay Captain to confirm the identity of the sellers (you might as well ask some history of the property).
5. Confirm that the yearly real estate taxes are paid. Ask for certified true copies of the Tax Declaration and original Tax Receipts to confirm that real estate tax payments are up to date.
6. Deal with License Real Estate Brokers only. They can protect Buyer's rights and prevent them from being a victim of illegal transactions and Fraud.
7. Only then, it is safe to proceed with the purchase of real estate in the Philippines.

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