New law allows foreign investors to lease land in the Philippines for up to 99 years

President Ferdinand R. Marcos, Jr. signed into law a measure that allows foreigners to lease land in the Philippines for up to 99 years.

Republic Act (RA) No. 12252 amends RA No. 7652 or the Investors’ Lease Act by further liberalizing the lease of private lands by foreign investors.

“It is the policy of the State to ensure the reliability of investors’ lease contracts to provide a stable environment for foreign investments,” the law read.

The law extends the term of foreign investors’ land leases to 99 years from the current 75, putting the country in line with policies of Singapore, Malaysia, and Indonesia.

Under the law, the President, upon the recommendation of the Fiscal Incentives Review Board (FIRB) or other agencies, can impose a shorter lease period for foreign investors in sectors considered as “critical infrastructure” in the interest of national security.

The law allows long-term land lease for “the establishment of industrial estates, factories, assembly or processing plants, agro-industrial enterprises, land development for industrial or commercial use, tourism, agriculture, agro-forestry, ecological conservation and other similar priority productive endeavors.”

In the case of tourism projects, the 99-year lease is limited to projects with an investment of not less than $5 million, 70% of which will be invested in the project within three years.

Under the law, foreign investors that violate the lease contracts face a fine of between P1 million to P10 million or imprisonment of up to six years.

The lease contract can be terminated if the foreign investor fails to start the investment project within three years of the signing.

This measure was a priority by Legislative-Executive Development Advisory Council for passage before the 19th Congress adjourned.

Mr. Marcos signed the law on Sept. 3, but a copy of the law was uploaded on the Official Gazette website on Sept. 4.

The law takes effect 15 days after it has been published in the Official Gazette or a newspaper of general circulation.

Source: Business World

Exclusions from the absolute community of property and conjugal partnership of gains

Getting married, Congratulations! We explain the exclusions under the Absolute Community of Property and the Conjugal Partnership of Gains. Knowing these differences will help you make a decision in choosing the right property regime for you.

Under the Family Code of the Philippines, there are property regimes such as:

(1) Absolute Community of Property;

(2) Conjugal Partnership of Gains; and

(3) Complete Separation of Property.

Absolute Community Property (ACP) is the default property regime for couples married without marriage settlement (or a prenuptial agreement) on or after August 3, 1988, which is the date of effectivity of the Family Code. It includes all the properties owned by either spouse before the marriage and all the properties acquired during the marriage which are not otherwise excluded. (Article 91, Family Code) Properties falling under the ACP are owned by the spouses in common regardless of whose name appears on the title or who paid for it.

On the other hand, in the Conjugal Partnership of Gains (CPG) regime, each spouse retains ownership of the property they brought into the marriage, but the income or fruits from these properties and all assets acquired during the marriage are jointly owned. (Article 106, Ibid.) Essentially, the spouses share the gains or profits acquired during the marriage under the CPG regime. The CPG can only apply if the spouses agree to it in a marriage settlement or pre-nuptial agreement before marriage. (Article 105, Family Code)

Regarding the exclusions from the ACP and the CPG, these are stated in the Family Code of the Philippines, specifically under Articles 92 and 109 of the said law, respectively.

Under Article 92 of the Family Code of the Philippines, the following shall be excluded from the ACP:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;

(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.

On the other hand, the following shall be excluded from the CPG under Article 109 of the said law:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband.” We hope that we were able to answer your queries.

Source: Ziggurat Real Estate

Practical financial planning for life's uncertainties

The current global environment reminds us that life can change suddenly. Preparing for those changes is not just wise — it's necessary. Here are some critical financial steps to take now while you still have the time and presence of mind to do so thoughtfully.

Since health risks can emerge at any time, it's essential to gather your important financial documents — such as insurance policies, stock certificates, investment fund certifications and land titles — into one secured location. Also keep digital copies backed up on the cloud.

This makes it easier for your next of kin to process insurance claims or manage estate matters in case something happens. Communicate where and how to access these files to a trusted family member to prevent confusion during stressful times.

While organizing your documents, review your life and health insurance policies. What is the current value of your death benefit? Will it be enough to cover your family's needs?

You can estimate this by dividing your policy's coverage by your family's monthly expenses. If the benefit won't last long enough, you might need to upgrade your plan or purchase additional insurance.

A professional financial planner can help you determine any coverage gaps and identify suitable solutions within your budget.

Leaving your family financially unprepared amid an unstable economy would be a great disservice. Now is the time to ensure they have enough.

Illness or incapacity can strike unexpectedly. It's vital to express your preferences to your partner or trusted individuals about your treatment, funeral arrangements and other personal decisions — such as the type of wake or who should officiate.

If you have children, think ahead. What happens if both parents are gone? Determine who will take custody, how insurance proceeds will be managed and what arrangements should be made. Clearly communicating this reduces stress and avoids conflict during an already difficult time.

In the case of severe illness or coma, who decides whether to continue life support? That burden often falls on grieving loved ones.

By preparing an advanced medical directive or living will, you specify your preferences ahead of time. This removes the emotional strain from your family and ensures your choices are honored. It protects your dignity while giving your family peace of mind.

Many people have found themselves with lower expenses from reduced travel, dining out or entertainment. Use that extra cash to create or grow an emergency fund.

Having three to six months' worth of expenses in savings gives you a safety net. In these volatile times, saving even more is advisable. Keep this fund in conservative, liquid instruments like savings accounts or money market funds for accessibility and capital protection.

Lastly, consider developing multiple income streams. Not only can this supplement your savings, it can also soften the blow if you lose your primary job.

Offer your skills, explore online freelance work, or monetize hobbies like cooking or crafting. Join digital marketplaces or local networks to promote your offerings safely and conveniently.

While we hope for the best, we must prepare for the worst. Strengthen your body and mind. Organize your finances. Communicate your wishes. Establish your emergency fund and income sources.

In uncertain times, preparation is the most powerful protection — for yourself and for those you love.

Source: Manila Times