Pinto Law Office

03/01/2025

Ipinaalala ng Korte Suprema na habang ang mga nagpapahiram ng pera ay maaaring makakuha ng mga ari-arian na ginagamit bilang loan collateral, ang pagmamay-ari ay hindi maaaring awtomatikong ilipat sa kanila, maliban kung may hiwalay na kasunduan.

Sa isang Desisyon na isinulat ni Chief Justice Alexander G. Gesmundo, kinatigan ng First Division ng Korte Suprema ang paglipat ng pagmamay-ari ng lupang pag-aari ng Ruby Shelter Builders and Realty Development Corporation (Ruby Shelter) sa pinagkakautangan nito na sina Romeo Y. Tan (Tan) at Roberto L . Obiedo (Obiedo). Ayon sa Korte Suprema, ang paglilipat na ito ay batay sa isang may bisang kasunduan at hindi lumalabag sa batas na nagbabawal sa awtomatikong paglilipat ng pagmamay-ari ng collateral.

Ang Ruby Shelter ay humiram ng pera kina Tan at Obiedo, gamit ang ilang mga ari-arian bilang collateral. Nang ang natitirang utang ay umabot sa PHP 95 milyon, ang mga partido ay pumirma sa isang Memorandum of Agreement (MOA) na ibenta ang mga ari-arian nito kina Tan at Obiedo bilang bayad sa utang.

Pinagtibay ng Korte Suprema ang bisa ng MOA at sinabing kusang pumasok ang Ruby Shelter sa MOA na ibenta ang mga ari-arian kung hindi makapagbayad. Ipinaliwanag din ng Korte na ang MOA ay hindi bumubuo ng pactum commissorium o isang ipinagbabawal na kasunduan sa ilalim ng Article 2088 ng Civil Code. Ang probisyong ito ay nagsasaad na ang isang tagapagpahiram ay hindi maaaring awtomatikong makakuha ng pagmamay-ari ng collateral kung ang nanghihiram ay nabigong magbayad.

Ang pactum commissorium ay nangyayari kapag (1) ang isang ari-arian ay ginamit bilang collateral para sa isang pautang; at (2) ang kasunduan sa pautang ay may kasamang probisyon na awtomatikong naglilipat ng pagmamay-ari ng collateral sa nagpapahiram kung ang nanghihiram ay nabigong magbayad.

Basahin ang buong press release: https://sc.judiciary.gov.ph/sc-automatic-transfer-of-collateral-for-loan-repayment-prohibited/

Basahin ang buong teksto ng Desisyon: https://sc.judiciary.gov.ph/217368-ruby-shelter-builders-and-realty-development-corporation-vs-romeo-y-tan-et-al/

27/12/2024

MERRY CHRISTMAS AND ADVANCE HAPPY NEW YEAR !! 🧨🎉🎁🎄🎇

This holiday season, we're sharing the joy by giving sets of pahalipay to our dedicated partners in service. It's our little way of saying thank you for their hard work. 💪🏼🎁

Thank you, Lord, for the strength and blessings that allow us to spread love and kindness this holiday season. 🥰🎁

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23/12/2024

It's the most wonderful time of the year 🎶🎄

Please be informed that PINTO LAW OFFICE will be closed for the following dates. Our team is taking a break to celebrate the holiday season with their loved ones. 🎄☃️🎁

It's time to rest, recharge, spend time with loved ones and make the most of the holiday season. 🫂🥰🤍

BUT, we'll be back and looking forward to serving you again in 2025 🥰. Wishing all our clients, friends a Merry Christmas and a Happy New Year! 🎉🎄🎁🧨🎇

Wishing you all a wonderful holiday filled with joy, peace and love! 🩷🤍

26/04/2024

HOW TO TRANSFER LAND TITLE 🏚️🏠

🏠STEP 1 - PREPARE ALL REQUIRED DOCUMENTS
Gather and prepare all the necessary documents that are vital to transfer a land title, to ensure a smooth and hassle-free process.
👉 Notarized Deed of Sale (DOS)
👉 Tax Identification Number and TIN Verification of the buyer and seller
👉 Transfer Certificate of Title (CTC) for a house or a lot
👉 Condominium Certificate of Title (CCT) for Condominium
👉 Tax Clearance
👉 Tax Declaration for Land and Building
👉 Sworn declaration of no improvements if no improvements have been made to the property
👉 Real Property Tax for the current year
👉 Management Certificate from the Condominium administration - for Condominium unit
👉 Certificate of Non-Tenancy from the Condominium administration
👉 Marriage Certificate, Birth Certificate, and Certificate of No Marriage
👉 Other documents required by the Bureau of Internal Revenue and Registry of Deeds

🏠STEP 2 - SUBMIT THE REQUIRED DOCUMENTS TO COMPUTE TAXES
Submit necessary documents to the Bureau of Internal Revenue (BIR) that covers the jurisdiction of your property, for evaluation. Once your documents have been evaluated, the BIR representative will begin computing the applicable taxes for the property transfer.

Keep in mind that the CAPITAL GAINS TAX (CGT) should be paid within 30 days from the date of notarization of the Deed of Sale, while the Documentary Stamp Tax (DST) should be paid on the nearest fifth day of the month after the notarization date.

🏠STEP 3 - PAY THE PROPERTY TRANSFER TAXES
To pay the property transfer taxes, you must pay at the Authorized Agent Bank duly accredited by the BIR. Bring the following documents:
👉 The signed computation sheet from the Bureau of Internal Revenue (BIR)
👉 Deed of Conveyance
👉 Three Copies of duly filled out BIR FORM 1706 for Capital Gains Tax signed by the seller
👉 Three copies of duly filled out BIR FORM 2000-0T to pay for Documentary Stamp Tax signed by the buyer

🏠STEP 4 - OBTAIN THE ELECTRONIC CERTIFICATE AUTHORIZING REGISTRATION (eCAR) AT BUREAU OF INTERNAL REVENUE (BIR)
The eCAR serves as a tax clearance document and proves that all taxes associated with the sold property have been duly settled.

🏠STEP 5 - REGISTER THE DOCUMENTS AT THE REGISTRY OF DEEDS
To ensure legal recognition of your ownership, you must register your property at the Registry of Deeds.

To begin the registration process transfer you will need to gather the following documents:
👉 Deed of Conveyance
👉 Deed of Absolute Sale
👉 Copies of IDs of all signatories
👉 Certified True Copy of the Land Title
👉 Tax Clearance, and other necessary documents

After submitting documents and paying the fees, you may acquire the new land title under your name at the Registry of Deeds depending on the date stipulated in your claim stab.

For more information and if you are seeking assistance for transfer of property ownership, call or message us at 0912-893-6619. WE'LL TAKE CARE OF YOU.

02/02/2024

It's been a week of rain continuing to fall in several cities, causing flash floods and landslides on some areas.

Let us help to support people impacted by the recent floods and landslide due to heavy rain by making a donation.

Donations you make will help provide:
• Clean water
• Temporary Shelter
• Medical Supplies
• Food Supplies
• Emergency Response Services
• Clothing

You can transfer or send your donations directly to the families or cities affected.
Small or big amounts can help them survive in this situation.

31/12/2023

New Year's Eve is here !!!

Let us all welcome and embrace this new year with open arms. ☺️🤍
Despite all the negativity and trials we faced this year, we still have reasons to be thankful for.

May this new year bring us a fully loaded happiness, success and everything we prayed and have been working towards. Let's cherish all the memories we created last year with our family and friends and the ones we'll make this new year.

Cheers to a new fresh start and hoping for an exciting new year filled with positivity. This year, let us all manifest our dreams. ☺️🤍

Wishing everyone an endless blessings this year.

Don't forget to congratulate yourself today for being strong 💪 this year 2023, we indeed survived and learn a lot.

HAPPY NEW YEAR EVERYONE FROM PINTO LAW OFFICE FAMILY 🎉❄️☺️🩷

31/12/2023

PINTO LAW OFFICE CHRISTMAS PARTY 2023

Thank you PLO staff for making 2023 a grateful and fruitful one.
I am deeply thankful and appreciated all your hard work and commitment, this year's journey may be rough to all of us but still, we all strive hard to move forward. 🤍🤍

'Tis season, we should remind ourselves to be thankful for all the blessings we received, whether it's small, big, wrap or unwrap.

I hope everyone will end this year happy, contented, healthy and grateful. 🩷🤍

Merry Christmas and Happy New Year 🎉🎉🌲❄️

03/12/2023

PINTO LAW OFFICE HELP TIPS |

As we experience earthquakes of varying magnitude occur since December 1, 2023 in the evening, and may have multiple aftershocks that continue after the main quake. Here are some tips on how to stay safe during this natural disaster.

STAY SAFE DURING AN EARTHQUAKE ‼️

1st Things First. KEEP CALM and DON'T PANIC ‼️

⚠️ Protect yourself during earthquakes: ⚠️

📌 When you hear the fire alarm sound inside the premises it signify that a simulation is occuring. STOP, DROP, COVER AND HOLD or Find a Triangle of Life all you have to do is to get next to a bulky or large object and curl up in a fetal position.

📌 Stay out door, away from buildings

📌 Discuss with your family to make an emergency plan for what to do in case earthquake occur.

STAY SAFE EVERYONE ‼️

03/12/2023

𝗝𝗨𝗦𝗧 𝗜𝗡 | PROCLAMATION NO. 7, SERIES OF 2023

The Office of the City Mayor of Davao City declares classes suspension in all levels of public schools and the adaptation of work-from-home arrangements in government offices in Davao City on Monday, December 04, 2023, for the conduct of a rapid damage assessment of infrastructure and facilities following the magnitude 6.9 earthquake on December 02, 2023.

PINTO LAW OFFICE is still open to serve you.
Office Hours
Monday to Friday
8:00a.m. to 12:00nn - Morning
1:00p.m. to 5:00p.m. - Afternoon

Stay safe Always !!

17/11/2023

Announcement |

Proclamation No. 5 Series of 2023 from the Office of the City Mayor

PINTO LAW OFFICE is still open to serve you.
Office Hours
Monday to Friday
8:00a.m. to 12:00nn - Morning
1:00p.m. to 5:00p.m. - Afternoon

Stay safe Always !!

27/09/2023

24/09/2023

📢 CHECK OUT !!

To our valued clients and future clients, please be guided by the NEW IBP TARIFF RATES for Lawyers fees published by the IBP Davao City Chapter effective OCTOBER 2, 2023.

THANK YOU 🤍