Aviso Law Office

Aviso Law Office A full-service law practice and notary public based in Quezon City. Message us for legal services.

Debt Collection in the Philippines: Doing It the Legal WayIf you're owed money in the Philippines, it's important to go ...
30/03/2024

Debt Collection in the Philippines: Doing It the Legal Way

If you're owed money in the Philippines, it's important to go about debt collection responsibly and within the bounds of the law. Here's a basic overview:

• Understand the Rules: The Philippines has laws and regulations protecting debtors from unfair debt collection practices. Familiarize yourself with these to avoid legal trouble. Some key resources to check:

o Securities and Exchange Commission (SEC) Circulars: https://www.creditinfo.gov.ph/philstar-sec-issues-memorandum-unfair-debt-collection-practices]

o Bangko Sentral Ng Pilipinas (BSP): https://www.bsp.gov.ph/]

o The Supreme Court of the Philippines
https://sc.judiciary.gov.ph/small-claims/]

• Document Everything: Keep meticulous records of the debt, agreements, and all communication with the debtor.

• Start Politely: Begin with friendly reminders and open communication. Consider offering a flexible payment plan if possible.

• Small Claims Court: If the is Php 1,000,000.00 below, you might consider filing a Small Claims case in court. This process is designed to be simpler and faster than regular court proceedings.

• Get Professional Help: If the debtor is unresponsive, you may need to engage a debt collection agency or a lawyer. Ensure any third-party agency you use follows legal and ethical practices.

• Legal Action (Last Resort): In extreme cases, legal action may be necessary. Consult a lawyer to guide you through the process.

‼️ Important Note: Absolutely Do NOT engage in abusive, threatening, harassing, or misleading practices to collect a debt. This is illegal and could result in consequences against you.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult us for legal advice on specific debt collection situation.

Thinking of buying or selling land in the Philippines? 🇵🇭Transferring land titles can seem complicated, but fret no more...
21/03/2024

Thinking of buying or selling land in the Philippines? 🇵🇭

Transferring land titles can seem complicated, but fret no more! Here's a simplified guide to help you navigate the process:

Steps to Transfer Land Ownership:

Gather Documents:

Deed of Sale (prepared by a lawyer)
Valid IDs of seller & buyer
Original & Certified True Copy of Land Title
Tax documents (latest Tax Declaration & Clearance)
Compute & Pay Taxes:

Submit documents to BIR or Local Government Unit (LGU) for tax computation.
Pay Capital Gains Tax (seller) & Transfer Tax (buyer).
Get a Certificate Authorizing Registration (CAR):

Once taxes are settled, the BIR will issue a CAR.
Register the Transfer:

Submit the CAR to the LGU Treasurer's Office.
Proceed to the Registry of Deeds with required documents (including CAR).
New Tax Declaration:

After registration, secure a new Tax Declaration from the Assessor's Office.
Pro-tip: Consider consulting a lawyer to ensure a smooth transaction!

What is an Extrajudicial Settlement of Estate? Is it an Alternative to a Will in the Philippines?An Extrajudicial Settle...
12/08/2023

What is an Extrajudicial Settlement of Estate? Is it an Alternative to a Will in the Philippines?

An Extrajudicial Settlement of Estate (ESET) is a legal process that allows the heirs of a deceased person to distribute the deceased's property without going to court. It is an alternative to a will, but it can only be used if the deceased did not leave a will.

If you live abroad, you may need to execute a Special Power of Attorney (SPA) to authorize someone to act on your behalf in the Philippines. You may also need to have your SPA authenticated if it was executed outside of the Philippines.

Since the Estate Tax Amnesty Law is already in effect for a period of two years from August 31, 2023, it is recommended to settle the estates of our deceased loved ones to lessen the tax burdens within this period.

It is important to obtain legal counsel when considering an ESET. A lawyer can help you ensure that the process is completed correctly and that your rights are protected.

Here are some of the benefits of obtaining legal counsel for an ESET:

1) A lawyer can help you understand the requirements for an ESET and ensure that all of the necessary documents are properly prepared.

2) A lawyer can represent you in negotiations with the other heirs to reach an agreement on the division of assets.

3) A lawyer can help you file the ESET with the Register of Deeds and ensure that it is properly recorded.

4) A lawyer can advise you on your rights and responsibilities as an heir.

If you are considering an ESET, it is important to consult with an attorney to discuss your specific situation and get legal advice.

Since an Extrajudicial Settlement of Estate is a legally binding document that needs to be signed before a notary public, it is best to have one prepared by a competent legal professional such as our lawyers here at Aviso Law.

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