Attorney Phil Santiago

31/01/2025

03/08/2024

18/04/2024

27/11/2023

Atty. Philippe Emile R Santiago, REB, REA
Attorney's Roll No. 61761
Admitted to the Bar in 2013

Specialization:
Criminal litigation
Civil litigation
Alternative Dispute Resolution and Arbitration
Labor and Employment
Family Law
Local Government, Election and Administrative Law
Real Estate
Corporate and Business Law

Experience:
1. 8 years in practice with the Public Attorney's Office,
2. 2 years with the National Commission on Indigenous Peoples.
3. Private practitioner since February 18, 2023.
4. High profile cases in Civil, Criminal and Administrative Law engagements
5. Also handles election law, recall petition, exclusion of voters
6. A real estate broker and appraiser
7. Caters to transfer of properties with the BIR, ROD, the LOCAL GOVERNMENT UNIT and other agencies.

30/10/2023

new and official fb page

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We make legal issues easier!

18/10/2023

The Essential Steps in Buying Land:

1. Ownership verification

Ever heard of stories when multiple people claim ownership of a single land? This is one situation that you’d want to avoid. Before buying land, verify who the real owner of a property is. Once verified, make it a point to transact only with the rightful owner or a person authorized to do transactions on behalf of the owner.

To verify, ask for a photocopy of the title. You can then check the “Certified True Copy” of the property’s title from the Register of Deeds. It should show the owner’s name and other pertinent information.

2. Document check

The land title bears important information. It may also reveal possible issues. Make sure that the title description will match the actual land being sold. The help of a surveyor may be needed to verify technical descriptions.

While a property title is a vital piece of document, there are other documents you need to pay attention to:

-Right of way. Another aspect that you shouldn’t overlook is the right of way. Some owners even have to pay for the property’s right of way especially if a street or road bounds the land they own.

-Tax declaration. Ask for a copy of the latest tax declaration. The receipts and documents that it will provide will confirm the payment of taxes. Take note that unpaid taxes will lead to penalties.

-Special Power of Attorney (SPA). In cases when the actual property owner isn’t the one dealing with the buyer, check if they have a Special Power of Attorney (SPA) from the owner. Verify if they are the rightful seller and ensure the validity of the authorized signatures.

3. Deed of Sale processing

Once you have validated documents and are already convinced that you found the right property for you, the actual sale follows. Here, you have to secure a notarized and signed deed of sale. If it’s not yet finalized, this document who between the buyer or seller will shoulder the gains and documentary stamp tax so you have to check the sections it contains.

4. BIR payment

Upon signing the Deed of Sale, BIR fees must be settled within 30 days. During this stage, some documents must be submitted such as the Deed of Absolute Sale (Original and photocopy), transfer Certificate of Title (Original and photocopy), Tax Declaration for Land and Improvement (as needed), buyer and seller’s Tax ID numbers.

5. Transfer taxes assessment and documentation

Transfer taxes must also be assessed and documented. This will include the Documentary Stamp Tax and your Capital Gains Tax to be calculated by the BIR representative. You will also be required to provide signed copies of your BIR Form 1706 and BIR Form 2000.

6. Processing of Certificate Authorizing Registration

The Certificate Authorizing Registration is another document you’ll need. To secure this, CGT and DST documents must be filed at the BIR. The claim slip that will be issued to you will be used for the following:

-Certificate Authorizing Registration (CAR)
-BIR-stamped Absolute Deed of Sale (original copy)
-Owner’s copy of Transfer of Certificate Title
Tax Clearance (original copy)
-Official receipts of the transfer fee, tax clearance certificate, DST, CGT (original copy)
-Latest Tax Declaration for land and improvement (original copy)

7. Acquisition of new Tax Declaration copy

You have to get a copy of the new Tax Declaration document from the Municipal or Provincial’s Assessor’s office. Releasing will usually take 5 days after the following documents are presented:

-Deed of Absolute Sale
-Certificate Authorizing Registration
-Transfer Certificate Title
-Transfer Tax Receipt

8. Issuance of new land title

Cancellation of the old land title will be done by the Registry of Deeds after settling all payments and signing of documents. The issuance of the new title under the name of the new owner will be provided once the land title is officially transferred. You can get a copy of the updated title from the City Assessor’s office.

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Guide to Processing Fees:

The transfer tax is paid by the land buyer and amounts to 0.5% of the actual sale price.

The Capital Gains is equivalent to 6% of the actual sale price.

The Documentary Stamp is computed as 1.5% of the actual sale price.

The registration fee for the new land title amounts to 0.25% of the actual sale price.

You're Welcome!

Legal Class 101

18/10/2023

Kung bisitahin ng pulis o ibang law enforcement agents ang community pantry ninyo, here are some tips:

1. If they are in uniform, take note of their names. Kung civilian attire, magalang na hingin ang gov't ID at isulat ang pangalan at affiliation (PNP, NBI, etc.). Kung hindi pumayag, politely say that you can’t accommodate them, dahil di mo alam kung law enforcers ba talaga sila.

2. You might be asked to fill up a form. Tandaan, wala kang kahit anong obligasyon na mag-fill up ng form o magbigay ng personal information sa law enforcers. Tandaan din itong paalala ni Data Privacy Commissioner Raymund E. Liboro: "While more people set up community pantries in the spirit of bayanihan, it has come to our attention that there were concerns over alleged profiling of organizers of these initiatives. Individuals were purportedly asked to provide personal data including their email address, Facebook account, name, family background, among others. We would like to emphasize that collecting personal data must be done fairly and lawfully with respect to the rights of a data subject, including the rights to be informed and [to] object.”

3. If the community pantry is on private property, di pwede pumasok ang law enforcers kung walang search warrant, unless pumayag ang may-ari. Ask for a warrant signed by a judge; kung wala, sabihin: “Pasensya na po, pero di kayo pwedeng pumasok kung wala kayong search warrant."

If the police insist, or imply that you are hiding something (“Kung wala naman kayong tinatago ba’t ayaw nyo kaming papasukin?”), assert your right. Tell them: “Karapatan ko po yan, at yan po ang advice sa akin ng abogado.”

4. Kung nasa public land ang community pantry, hindi kailangan ng pulis ng search warrant para pumasok—but they still need a search warrant to search the community pantry or any other private property that is on the public land. If the community pantry is on public land, make sure you are not obstructing traffic, littering, or otherwise violating any similar local regulations.

5. Kung hingan kayo ng business permit (also known as a “Mayor’s Permit”): sabihin na based on your understanding, hindi kailangan ng permit dahil hindi naman kayo nagnenegosyo; your only purpose is to help the needy and marginalized.

6. Kung hingan kayo ng barangay permit: sabihin na the DILG and Anti-Red Tape Authority have publicly stated in separate announcements na hindi kailangan ng barangay permit.

7. Kung hingan kayo ng authority to solicit from DSWD: sabihin na based on your understanding, required lang ang authority to solicit sa regional and national fund campaigns, at hindi ito naga-apply sa community pantry.

8. Kung sabihan kayo na you cannot continue operating because it violates IATF guidelines or regulations, ito ang sabihin ninyo:

a. IATF guidelines/regulations are only recommendatory and do not have the force of law unless they are adopted by the LGU as a local ordinance.
b. Even under IATF guidelines, mass gatherings for authorized humanitarian activities are allowed sa ECQ at MECQ. Since a permit is not required to operate a community pantry, and the poor are urgently in need of food, a community pantry is an authorized humanitarian activity.
c. Community pantries do not violate the IATF guidelines on humanitarian activities since no permit or license is required for them to operate.

9. Kung subukan nilang i-demolish o dismantle ang community pantry, politely and firmly object, but do not physically resist. Kumuha ng pictures o video recording to document what they are doing. Tandaang hindi mo kailangan ng consent nila para mag-record. The Anti-Wiretapping Act only requires the consent of the parties kung private conversation or communication ito.

10. If law enforcers arrest you, or try to search you, others, or the community pantry, tandaan ang mga karapatan ninyo. You can refer to the primer made by FLAG, PCIJ, and the Foundation for Media Alternatives, which you can access through this linktree: http://diokno.ph/knowyourrights

11. Kung papirmahin kayo ng kahit anong dokumento (like an acknowledgment na binisita kayo), basahing maiigi at sabihing kailangan nyo muna kumonsulta ng abogado bago pumirma. Posibleng may waiver of rights ito, and this can prejudice your right to file a case kung kailangan.

Kunan ng picture ang dokumento at iforward sa abogado. Kung mapilit ang pulis, pwedeng gamitin ang non-dominant hand (halimbawa kung kaliwete, gamitin ang kanang kamay), o gumamit ng pirma other than your regular signature, so you can later explain that you were forced to sign.

12. Kung maaari, mag-set up na din ng CCTV cameras sa lugar ng community pantry, at siguraduhing nagre-record ang mga ito 24/7.

Sa lahat ng patuloy na tumutulong at nag-aambag sa mga community pantry, maraming salamat sa inyo. Sana makatulong ito sa inyo. You can also reach out to our FREE LEGAL HELPDESK anytime, i-message nyo lang kami sa http://m.me/cheldiokno. Mag-iingat kayong lahat, mga kakampi.

18/10/2023

RA 11596- Prohibition of Child Marriage Law

02/10/2023