Real Estate Law

In the Philippines, real estate is more than just land and buildings; it is the cornerstone of personal security, a primary vehicle for investment, and the foundation upon which families and businesses are built. A real estate investment is often the most significant financial commitment an individual or company will ever make. As such, navigating the complex legal terrain that governs property ownership is absolutely critical. From the initial purchase to the resolution of disputes, every step is laden with intricate procedures and potential pitfalls that demand meticulous attention to detail and expert legal guidance.

At the Mamangun Law Office, we provide a comprehensive suite of legal services dedicated to protecting the value and integrity of your real estate assets. We understand that security of title is paramount. Our firm acts as a diligent and proactive partner for buyers, sellers, owners, and developers, ensuring that transactions are smooth and transparent, rights are clearly established, and disputes are resolved efficiently and effectively. We are committed to providing the legal certainty you need to invest and own with confidence.

Property Purchase

A successful property transaction is a secure one. We guide both buyers and sellers through every stage of the property purchase process. This begins with conducting thorough due diligence to verify the authenticity of the title, check for any liens or encumbrances, and ensure that property taxes are up to date. We draft and review all necessary legal documents, from the initial Contract to Sell to the final Deed of Absolute Sale, ensuring the terms are fair, unambiguous, and protective of your interests. Our goal is to facilitate a seamless transfer of ownership, free from future complications.

Transfer & Registration of Title

Executing a Deed of Sale is not the final step in acquiring property. Legal ownership is ultimately secured only when the title is officially transferred and registered in your name with the Registry of Deeds. This crucial post-sale process involves several steps, including the payment of all required taxes, such as Capital Gains Tax and Documentary Stamp Tax, and securing a Tax Clearance and Certificate Authorizing Registration (CAR) from the Bureau of Internal Revenue (BIR). We manage this entire process with precision and efficiency, ensuring your new title is issued correctly, providing you with indisputable proof of ownership and complete peace of mind.

Reconstitution of Lost Title

Losing the official copy of your property title—whether it is your Owner’s Duplicate Copy or the original copy in the custody of the Registry of Deeds—can be a deeply unsettling experience, effectively freezing your ability to transact with your property. We specialize in the legal process of title reconstitution. Depending on the circumstances, this can be done through an administrative process or, more commonly, through a judicial proceeding filed in court. We meticulously handle these cases, presenting the necessary evidence to re-establish your official proof of ownership and restore the integrity of your title.

Ejectment (Unlawful Detainer & Forcible Entry)

The right to possess one's own property is absolute. When that right is violated by illegal occupants, swift legal action is necessary. We handle ejectment cases to restore physical possession to the rightful owner.

• Unlawful Detainer: This applies when a person initially had legal possession (e.g., a tenant under a lease) but refuses to leave after their right to possess has expired.

• Forcible Entry: This applies when an intruder seizes possession of a property through force, intimidation, threat, strategy, or stealth. These cases are handled as summary proceedings, and we act decisively to reclaim your property in the most expeditious manner possible.

Removal of Encumbrance (Quieting of Title)

A "cloud" on a title is any claim, lien, or encumbrance that casts doubt on your ownership, making it difficult to sell, mortgage, or develop your property. This could be an old, unpaid mortgage that was never formally cancelled or a notice of an adverse claim. We assist clients in "quieting their title" through a specific court action designed to remove these clouds. By clearing these encumbrances, we restore the clarity and marketability of your title, ensuring its value is unblemished.

Cases against Developers & Homeowners Associations

When you invest in a subdivision or condominium, you are entitled to get what you paid for. Unfortunately, disputes with developers over substandard construction, undelivered amenities, or other broken promises are common. Likewise, conflicts can arise with homeowners associations (HOAs) over unreasonable rules, exorbitant fees, or mismanagement. We are strong advocates for homeowners, fighting to protect your rights and ensure that developers and HOAs are held accountable to their legal obligations.

Cases at the HSAC (formerly HLURB)

The Human Settlements Adjudication Commission (HSAC), formerly known as the Housing and Land Use Regulatory Board (HLURB), is the specialized quasi-judicial government body that has primary jurisdiction over disputes involving subdivisions, condominiums, and homeowners associations. Our firm is highly experienced in representing clients before the HSAC, handling everything from claims against developers for unsound real estate business practices to resolving intra-association disputes. We leverage our deep knowledge of the HSAC's rules and procedures to effectively champion your case.