11/05/2009

My German Jewish Descent?



My ancestry, in the mother side, still remains a mystery.

My interest about our mother-side ancestry started agressively in 2002. My research is smoothly progressing. All the while, I always zero-in on American lineage, but I felt that there always seems to be a dead end in the study, all documents I gathered just ended up into multiple speculation.

RECENT DEVELOPMENT

In the evening of October 23, 2009 during the wake of my brother Anthony Lowell Remollo Petalcorin (Born 09/10/1978 Cagayan de Oro City, Died 10/18/2009 Valencia Bukidnon) in Divine Shepherd Chapels Bulua Cagayan de Oro City, I happened to interview my mother's cousin named Camilo Joloyohoy. Other persons present during the talk were Mark Ihrwell and Maria Cynthia. Below are the five revelations and leads provided by Manong Camilo.




  • My mother is Alicia Joloyohoy Remollo. Alicia'a mother is Ines Joloyohoy.

  • Ines has a sister named Potenciana Joloyojoy (Puping) who lives in Bohol.

  • Alicia has an elder sister named Andrita who is 3 years older than Alicia. Andrita probably resides in Candijay Bohol or Cebu. Andrita was a classmate of Camilo Joloyohoy when they were in gradeschool in Bohol.

  • Ines was a WW2 evacuee in Bukidnon Mindanao sometime in 1945-1946 when he met a lover who is a high ranking officer of the American soldiers.

  • The American officer is said to be a "German" with a rank that sounds like a "Captain".





MEMORIES WHEN I WAS A KID

If I remember it right, one time when I was a little kid (between 7-10 yrs old), our Lola Ines visited our family's residence in Villa Ernesto Subdivision Gusa Cagayan de Oro City. She tagged along an old lady, I cannot recall the name. That old lady sat beside me outside the house and she told me that my "real" lolo was an American Officer during the war described as "one-eyed jack".

Just a quick background. Based on my mom's birth certificate that is corrected in year 2000 (Iligan Reg # 1060 Page 82 Series 175), her name is Alicia Joloyohoy Remollo, born in October 18, 1946 in Overton Lanao del Norte. Her mother is Enecita Joloyohoy (born in 1923 Candijay Bohol) and her father is a soldier named Jose Remollo (born 1919 in Dumaguete Negros Oriental). My grandpa probably left Dumaguette way back before 1946.

My mom is known to be a child of Ines Joloyohoy and Remollo, although the registration of mommy's birth certificate is already filed late 1990s, in Marawi City, Lanao Del Sur. Ines and Remollo have many children after mommy. However, the physical features of mommy is somewhat different than her siblings. Mommy looks a real caucasian beauty, middle eastern type, thin dark brown hair, deep brown eyes, fair skin with freckles, and pinkish palm and soles.

Since Iwas young, I have already heard a lot of rumors from old relatives that mommy is not a blood-daughter of Remollo, but of someone else who is a foreign military officer during World War 2. There was never an instance that Lola Ines commented on those rumors for some reason. Lola Ines died in Quezon City in October 2008.




About me, well, my picture when I was a little baby will speak for itself. They say I was bald, very pinkish white complexion, glowing white skin that never turn tan under the sun, when I was a baby. And all of us, kids of Alicia, have prominent non-ordinary-filipino features (meaning, foreign features). My dad was a Petalcorin - typical dark brown, curly hair, tpical epitome of a Filipino. All of us (siblings) got our features from mom, she must have strong blood. The only one who looks like dad is Mark Ihrwell, my elder brother. The combination of Petalcorin and my mom produced six very beautiful and handsome kids, and very extremely naturally intelligent too.











JUMPING OFF TO FROM "GERMAN" ACCOUNT

Recently, I took the alternative route jumping off from Nong Camilo's account that Ines (grandma) mate was a "German".

Based on my readings on documented historical accounts during that period, the speculations leads to one of those Jewish refugees who escaped Hitler. Many Jews moved from Germany to Shanghai then to Manila between 1935-1946 -- they are called German Jews. According to Jacques Lipetz, "The Jewish colony in Manila was a mixture of German Jews who hailed largely from Breslau and Frankfurt, a variety of other European Jews from Eastern Europe mainly, a number of Sephards from Lebanon, Syria and Iraq and ......". My possible grandpa is probably one of those were recruited by US forces in Manila and then assigned to Bukidnon-Lanao area where he met lola Ines in an evacuation center.

I cannot find any lead to any documentary evidence that Americans recruited German decent among the officers of the US Military assigned in Mindanao. During WW2, the US military considered all German decents as "Enemy Ancestry" -- they jailed the German Americans in concentration camps in US. The only document the word "German" could probably be associated to American troops in Mindanao in around 1946 are the German Jews who took refuge in Manila from Shanghai.

There is this article entitled "Singapore, Manila, and HarbinAs Reference Points for Asian ‘Port Jewish‘ Identity" that was written by Jonathan Goldstein. In his article he said:

"On September 8, 1937 twenty-eight German Jews from Shanghai arrived in Manila aboard the Norddeutscher Lloyd steamship “Gneisenau.” Hitler’s government evacuated these Jews and approximately equal number of non-Jews from Shanghai to Manila as a humanitarian gesture, in order to safeguard all German passport holders from Sino-Japanese hostilities. That was the extent of Nazi Germany’s assistance to these Jews who had fled to Shanghai explicitly to escape Hitler. A “Jewish Refugee Committee” of Manila hastily convened to help these unexpected arrivals. The refugees also received encouragement and assistance from U.S. High Commissioner Paul McNutt, a Democratic presidential aspirant who had been on the job in Manila only six months. The Committee quickly realized that under these fortuitous circumstances it might be able to assist other Jews fleeing Hilter." (cont..)

"Jack Rosenthal, an American-Jewish friend of Philippine President Manuel A. Quezon,was able to interest the islands’ chief executive in the plight of European Jewry. Theafore mentioned Commissioner McNutt, and ultimately Quezon himself, took note of the skills that many Jewish immigrants could bring to the underdeveloped Philippine islands,especially Mindanao in the south. On February 15, 1939, President Quezon sent amessage to the Philippine congress, urging the admission of 10,000 German Jewish professionals plus a Philippine $300 million subsidy to assist them in settling Mindanao. While this grandiose scheme never materialized, Rosenthal was able to persuade Quezon to independently authorize the admission of perhaps as many as one thousand Nazi-persecuted Jews."










WHO ARE THE GERMAN JEWS IN HISTORY

The photo above is one remarkable German Jews who played a great role in world history. He was believed to have came from German Jew decent. He was Vladimir Illich Ulyanov, who later on in his life became known as Lenin, popularly recognized as the founder of the then Communist Russian Empire.

According to some documents, "Lenin was born on April 10, 1870 in the vicinity of Odessa, South of Russia, as a son of Ilko Sroul Goldmann, a German Jew, and Sofie Goldmann, a German Jewess. Lenin was circumcised as Hiam Goldmann"(Common Sense, April 1, 1963). Lenin, or Oulianov by adoption, originally Zederbaum, a Kalmuck Jew, married a Jewess, and whose children speak Yiddish." (Major-General, Count Cherep-Spiridovich, The SecretWorld Government, p. 36). "Lenin, as a child, was left behind, there, by acompany of prisoners passing through, and later his Jewish convict father, Ilko Sroul Goldman, wrote inquiring his whereabouts. Lenin had already been picked up and adopted by Qulianoff." (D. Petrovsky, Russia under the Jews, p. 86). Probably after his adoption, he was registered as Vladimir Ilyich Ulyanov, born on 22 April 1870, to Maria Alexandrovna Blank, a schoolmistress, and Ilya Nikolayevich Ulyanov a physics instructor, at Simbirsk, in the Russian Empire (Wikipedia).






MIGRATION OF GERMAN JEWS TO PHILIPPINES

The German Jewish people that migrated to the Philippines were from Shanghai. They were Jewish bloodlines who were used to be German Citizens (because they resided in Germany) but were forced to find a way out of Europe after the German Government cancelled their German citizenship and begun killing them. Some of them were able to free from Germany to Shanghai China. While the Japanese invade China, they immigrated further to Philippines. Mindanao was the target refugee settlement. The refuge was a brainchild and legwork of the Freider Brothers (Alex, Philip, Herbert, and Morris) who established the small Jewish community in Manila.

There is this interesting article of The Center of Holocaust and Humanity Education that accounted the following report:

"The Frieder family of Cincinnati lived an idyllic life in Manila, having moved their cigar-making business to the Philippine Islands, a commonwealth of the U.S., in 1921. Four brothers, Alex, Philip, Herbert, and Morris Frieder, took turns living in Manila, joining the small Jewish community. Traveling back and forth by boat, each brother and his family spent two years in the Philippines living in a beautiful home overlooking the rice fields. ..." (cont)

"While the Frieders were living a life of privilege in the Philippines, the Nazi Party was on the rise in Germany, and the rich Jewish cultural life came under attack. The horrifying scenes of Kristallnacht, November 9, 1938, convinced many Jews that Germany was no longer safe. For two days the Nazis brutally destroyed Jewish homes, businesses, cemeteries, and over 1,000 synagogues, and arrested 30,000 German-Jewish men, placing them in concentration camps. Fearing for their lives, many Jews escaped Germany, often fleeing to little-known destinations..." (cont)

"Meanwhile, the small Jewish community in Manila listened to the news coming from Europe with growing apprehension. Learning that German Jews were seeking to escape Nazi tyranny, the Manila community was anxious to help. The entire community raised money to help Jews in Shanghai, but when the money was not needed, they kept it for emergencies... " (cont)


"The Frieders were part of the elite social circle in Manila, which allowed them to have access to influential people who might be willing to help. Their crucial connections helped bring about the immigration of Jews from Germany and Austria. U.S. High Commissioner Paul McNutt went to the Refugee Economic Corporation and the Frieder sons with the idea of choosing immigrants to come to the Philippines as long as the existing Jewish community helped to support them... " (cont)


"Because of their personal relationship with Manuel Quezon, the Frieder brothers were able to ask him for help. Quezon responded by opening the doors to Jewish immigration. Morris Frieder's letter outlines a plan for 10,000 Jewish refugees to find haven in the Philippines. Quezon donated some of his own land for the building of a residence hall, Marikina Hall, for the refugees who eventually began referring to themselves as "Manilaners." The war brought immigration to a halt, but not before 1,200 Jews were rescued from the Nazis...." (cont)

"Shortly following the attack on Pearl Harbor, Japanese forces occupied the Philippines. The battle to retake Manila began in early 1945. Some of the refugees were caught between the advancing Allied forces and retreating Japanese, as the battle was fought in the streets of Manila. Refugees lost family members, homes and possessions in the brutal battle.

In addition to losing friends and family, homes, and possessions, the Jewish community also lost their beloved synagogue. Temple Emil was taken over by the Japanese commander in late 1944, and was destroyed during the Battle of Manila. In a service on November 9, 1945, commemorating the seventh anniversary of Kristallnacht, a group of Jewish servicemen and women donated funds to rebuild the synagogue. In the years after the war, many of the refugees made their way to the United States or the new state of Israel, but they did not forget the haven that they had found in the Philippines..." (cont)




THE JEWISH REFUGEE SITE IN MINDANAO

There is an article in the American Chronicle dot Com about the Freider-McNutt Project of New Jewish Community in Mindanao. The article is entitled "Manilaners: Holocaust Survivors in Quezon's List". The article says: "In Manila, amidst all the rumours and apprehension, the intrepid band of brothers, the Freiders, harnessed the resources of a small sympathetic Jewish congregation in Manila. They pursued efforts in securing Philippine visas from Manuel Luis Quezon and the helpful US High Commissioner Paul Mcnutt. To even rationalize the highly controversial repatriation to the Philippines, a list of qualified Jews was made identifying specific professions and craftsman skills."(cont...)

"Soon, they would carry with pride their being Manilaners, nurtured by a caring Jewish safe haven and would soon thrive even in worship at a Manila synagogue. This was called Temple Emil along Taft. Avenue, Manila´s main thoroughfare outside of the Walled City of Intramuros. This Jewish house of worship was named after its most prominent benefactor with a hall named after the wealthy Bacharachs. An incredible saga of humanitarian sanctuary provided by visionary Manuel Quezon is made even more noteworthy with the fact that the statesman had also donated personal real estate property in Marikina, a suburb outside Manila for settlement and cultivation. Added to this, Quezon put forward an ambitious MINDANAO PLAN for massive relocation of the displaced Jews. No other undertaking by the Allied Powers was made despite various intelligence reports and smuggled documented accounts from the Nazi concentration camps disguised as labor resettlement sites." (cont)

"In what would be a futile race against time and human apathy, the proposed MINDANAO PLAN would have provided sanctuary for the persecuted tribes of Israel. With a yearly quota of 10,000 Jewish refugees, the largely unpopulated southern Philippine Island of Mindanao would have been a New Jerusalem, had not the politicians griped about these dangerous "Communists" and "Christ killers". This prevailing and despicable streak of Anti Semitism would eventually slam the doors for refuge for the Jews into the ravenous Death Squads of Himmler and Eichmann, literally fanning the flames of the death chambers. Deemed too overly ambitious, the Mindanao Plan had its counterparts in other refuges, as in Puerto Rico, Costa Rica and in Madagascar. But had Quezon prevailed, for all the so called schemes that he was also accused of (typical of a Filipino sociocultural flaw and American isolationist leanings), hundreds, if not thousands, would have been saved from the cattle cars bearing fodder for Auschwitz and Treblinka. "

I made some estimates about the location and it appears to be somewhere north of Bukidnon near the Lanao Lake, refer to the map it is probably around Marawi and Valencia area. This is probably the Bukidnon evacuation area that Camilo was talking about.

As of now, I am searching the name of the German Jew who joined the Allied Forces, became officer of the Americans, who was assigned to a refugee camp or evacuation center somewhere in the Bukidnon-Lanao strip in 1945-1946. My mom was born October 10, 1946, therefore she was probably conceived early part of 1946.

The closest document I have about a German Jewish US military in Philippines is the article of Tirol. It says: "What really triggered a growth in the Jewish population was the colonization of the Philippines by the United States. Unsurprisingly, some of the American soldiers were Jewish. For example, Lewis Gleeck noted, Sergeant Major Simon Feldstein of the 26th Volunteer Infantry opted to stay after his 1901 discharge and worked as a bookkeeper for a hardware and plumbing store.17 Not a few of the hundreds of young Americans with instructions to teach the Filipinos were also Jewish." ( Tirol, Jose Ma. Edito K. "The Japanese and the Jews in the Philippines during the Second World War," paper presented at the 8th International Conference on Philippine Studies - ICOPHIL. Quezon City, Philippines, 23-26 July 2008.) . But I think this guy is highly improbable because of time-frame. I am looking for an active Captain of the US military in 1946, so this guy is almost impossible.

However, in Lipetz article, describing the events during the 1945, he said that "they wore army uniforms and on their collars silver replicas of the tablets, Jews in uniform, on OUR side. I remember that among the first GI's to liberate us was one wearing a mezuzah on a chain around his neck."... "I remember a sense of caring by the Jewish GIs and how surprised many of them were that there were Jewish civilians in Manila".


There was a Jewish synagogue named Temple Emil at the corner of Taft Avenue and Quirino Avenue. It was destroyed during the WW2 when the Americans landed over Japanese occupation of Manila, and later rebult in 1947. According to Hayden Katz, "Temple Emil were from Germany, Austria, America, Russia and the Middle East". Probably my possible grandpa worshiped in that synagogue. I recently tried to visit the area because it is very near my manila residence (a 5 minute walk away), but Temple Emil could no longer be found. Bystanders told me that the Jewish Temple moved to Makati and it is no longer called Temple Emil.

According to Jonathan Goldstein, "In the spring and summer of 1945 the war-ravaged Manila Jewish community reorganized and, with the help of American servicemen, raised $15,000 to rebuild the synagogue which had been devastated in the February 1945 Battle of Manila. Simultaneously four American Jewish servicemen organized a “Kvutsa chaverim” [Hebrew: group of friends], for the Jewish youth of Manila. The chaverim discussed the situation in Palestine and studied modern Hebrew. In 1947 members of the community who were close to postwar Philippine President Manuel A. Roxas were instrumental, along with key advisors to U.S. President Harry Truman, in convincing the Philippine delegation to the United Nations to vote in favor of the partition of Palestine into Arab and Jewish territories... The Philippines thus became the only Asian nation to vote for Israeli independence. It was also among the first to establish diplomatic relations with Israel."




REFERENCES

*http://en.wikipedia.org/wiki/History_of_the_Jews_in_the_Philippines
*http://en.wikipilipinas.org/index.php?title=Jews_in_the_Philippines
*http://www.holocaustandhumanity.org/chhe_philippinesstory.html
*http://www.americanchronicle.com/articles/view/113148
*http://www.holocaustandhumanity.org/chhe_philippinesstory.html
*http://www.remember.org/witness/lipetz.htm
*http://www.filipiniana.net/ArtifactView.do?artifactID=ICOPHIL00050



* Singapore, Manila, and HarbinAs Reference Points for Asian ‘Port Jewish‘ Identity. Jonathan Goldstein


My Favorite Latin Mottos





  • Abyssus abyssum invocat - Hell calls hell; one mistep leads to another
  • Accipere quam facere praestat injuriam - It is better to suffer an injustice than to do an injustice
  • Acta non verba - Action not words
  • Ad ardua tendit - He attempts difficult things
  • Ad augusta per angusta - To high places by narrow roads
  • Ad eundum quo nemo ante iit - To boldly go where no man has gone before
  • Ad finem fidelis - Faithful to the end
  • Ad mortem fidelis - Faithful till death
  • Aegrescit medendo - The disease worsens with the treatment. The remedy is worse than the disease
  • Amicis prodesse, nemini nocere - To do good to my friends, to injure nobody
  • Amico fidus ad aras - Faithful to my friend as far as conscience permits, or even to death, lit even to the altar
  • Amicus verus est rara avis - A true friend is a rare bird
  • Appetitus rationi pareat - Let your desires obey your reason
  • Aquila non captat muscas - The eagle doesn't capture flies (don't sweat the small stuff)
  • Assiduus usus uni rei deditus et ingenium et artem saepe vincit - Constant practice devoted to one subject often outdues both intelligence and skill. (Cicero)
  • Aurea mediocritas - The golden mean. (an ethical goal; truth and goodness are generally to be found in the middle.) (Horace)
  • Aurora Musis amica - Early bird catches the worm (Dawn is friend of the muses)
  • Aut viam inveniam aut faciam - I will either find a way or make one
  • Bene paratum dulce - That which is rightly acquired is sweet
  • Beneficium accipere libertatem est vendere - To accept a favour is to sell freedom. (Publilius Syrus)
  • Bis dat qui cito dat - He gives twice who quickly gives. (Publius Syrus)
  • Bis vincit qui se vincit in victoria - He conquers twice who in the hour of conquest conquers himself. (Syrus)
  • Carpe diem, quam minimum credula postero - Seize the day, trust as little as possible in tomorrow. (Horace)
  • Caveat emptor - Let the buyer beware. (He buys at his own risk)
  • Caveat venditor - Let the seller beware
  • Cogita ante salis - Think before you leap, or look before you leap
  • Cogitationis poenam nemo patitur - Nobody should be punished for his thoughts
  • Confisus viribus - Confident in my own powers
  • Consuetudinis magna vis est - The force of habit is great.
  • Contranando incrementum - Prosperity by swimming against the stream
  • Contraria contrariis curantur - The opposite is cured with the opposite
  • Corruptio optimi pessima - Corruption of the best is worst
  • Cotidie damnatur qui semper timet - The man who is constantly in fear is every day condemned.
  • Credo nos in fluctu eodem esse - I think we're on the same wavelength
  • Crescite et multiplicamini - Increase and multiply
  • Crudelius est quam mori semper timere mortem - It is more cruel to always fear death than to die
  • Cum tacent, clamant - When they remain silent, they cry out. (Their silence speaks louder than words)
  • De duobus malis, minus est semper eligendum - Of two evils, the lesser must always be chosen
  • Draco dormiens nunquam titillandus - Never Tickle a Sleeping Dragon. (This is the motto of Harry Potter's alma mater)



If there is anything else important that I forgot to include in this article, please email me.






Steering Wheel Leather Craft

I do not work on making money all the time. Sometimes, I also do something new for a hobby.

I held on to my Pajero steering wheel every day. Through time, the leather shine just faded, it didn't look good any longer, and it doesn't feel comfortable anymore.

I bought a couple of those ready-made steering wheel wrap-around stuffs from car accessory shops but it just didn't fit my taste.

I even tried wrapping it with those strips they use for tennis racket handle, and at the start it felt quite nice, but later it just felt that it's not what I am looking for.

I also tried consulting car upholstery shops on how they can fix it, and they quoted me as much as Pesos 7,000 to refurbish my steering wheel -- I couldn't stomach the price, it was too expensive for me.

So one day, I decided to do it myself. I listed down the methodology and the material and dedicated myself to be patient this time, just to finish this obsession about my steering wheel.


Materials: (1) pure leather, (2) waxed thick braided thread, (3) leather puncher, (4) cutter.

Methodology: reverse engineering.



First, I removed the original leather wrap. I made sure it is intact, meaning I will only cut the thread but not the leather because I will use it later as a pattern.



Slicing the leather using a sharp cutter is quite easy. But I had to press deep and made sure my hand will glide steadily with a forward motion, no turning back.





So that's it. You see, perfect cut.



Now it's time to punch micro-holes on it. The holes must be equidistant and perfectly perpendicular to the corresponding hole across. It is necessary to punch holes because the thread is thick and the needle is also thick.



Double check the holes. Make sure they are equidistant. One of the method is to count the holes at the left side and then the right side and make sure they are equal.



Now it's time to stitch it. This is the most difficult part of the craft. So I had to buy another devise thay call clip-clamp to prevent slippage and error in positioning while doing the stitch work. It took me around five hours to stitch the whole leather completely onto the steering wheel.





And finally, that's the final product! Finest leather, hand-stiched on my steering wheel. My very own work of art.

Next time, I'm going to show you how to prevent rats and mice from dwelling in your oven. Yes! look at your oven, it has holes at the back. After you cook something in there, the smell will attract mice. It is also warm inside the oven even it is not in use. It is also enclosed so it is a very secured place to stay for mice. These factors make it a perfect for mice to reside in there. We had oven before that we had to dispose because it smells burnt rat hairs when we grill and we could not troubleshoot it. We just bought a new oven. Next time, I'll show you how to rat-proof your oven.

Bye!!

11/04/2009

Estate Planning and Real Estate Service


Recently, I heard a Real Estate Brokers' Seminar about Estate Planning. It covers various interesting topics such as : 1) objective of estate planning, 2) inheritance vs succession, 3) property relation between husband and wife, 4) legal aspects of estate planning, 5) types of dispositions, 6) kinds of heirs, 7) legitimate / illegitimate, 8) adopted children, 9) conjugal property, 10) decedent's estate - partition, 11) donation, 12) kinds of will, 13) kinds of trust, 14) estate taxes, 15) judicial expenses, 16) intestate proceedings, 17) extra judicial settlement.

I highly recommend Estate Planning Seminar, but with hesitation.

Lawyers and Real Estate Brokers are now "equals" in terms of profession. There are many part of our job as brokers that we do not want lawyers to encroach such as acting as agent for a real estate deal with stipulation of commission of professional fees. On the other side, there are also part of the lawyers' job that we do not want to encroach.

In the U.S., Estate Planning is never mentioned as a part of the (Work Description of Real Estate Agent, Broker, and Appraiser According to U.S. Standards).

RESA says: Real Estate Broker – a duly registered and licensed natural person who, for a professional fee, commission or other valuable consideration acts as an agent of a party in a real estate transaction to offer, advertise, solicit , list, promote, mediate, negotiate or effect the meeting of the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other similar transactions on real estate or any interest therein;

We, brokers, have complete jurisdiction over real estate "trade". Our yearning to gain knowledge about all aspect of Real Estate legalities is a great thing. But practicing the profession for a fee as Estate Planner is a gray area that appears to be a delineation of our mandate. Yes it is to our advantage to learn what lawyers know about these things, but I hope we will not start rendering advisory services to clients in a way that we act as pseudo-lawyers.

Let us focus on making money in the "trade" of real estate. Anything else outside the "trade" are professional jurisdiction of the members of the Integrated Bar of the Philippines. What I mean is, we brokers will master the meeting of the minds of clients in sale, lease, mortgage, exchange and joint venture of real estate. But when it comes to donation, succession, inheritance, intestate proceedings, extrajudicial settlements -- I think it is just "professionally ethical" to refer these advisory workload to our professional counterparts -- the LAWYERS.



If there is anything else important that I forgot to include in this article, please email me.

If you want to comment about this article, there is a provision for this purpose that you can find below.

Thank you so much for visiting my site. May God Bless You!


11/02/2009

Rights of Ownership in Real Estate


Here are answers of the frequently asked questions about subject matter of Fundamental Rights of Ownership during the past real estate broker licensure examination.


What documents serve as Proof of Ownership of real estate?

A TITLE is the primary evidence of ownership. The primary documents proving the ownership are Original Certificate of Title, Transfer Certificate of Title, and Condominium Certificate of Title.
In the absence of any one of the primary documents, some secondary evidences may be used to re-establish the primary evidence. Examples of secondary evidences are Tax declaration, realty tax receipts, Deed of Sale, Deed of Donation, mortgage papers, insurance policies, and any other document that has referred to the existence of the primary document.

What is Land Ownership?

Land Ownership is the right and interest which a person has in land to the exclusion of others. It is the independent right of exclusive enjoyment and control over land for the purpose of deriving there from all advantages required by the reasonable needs of the holder of the right and the promotion of the general welfare but subject to the restrictions imposed by law and the rights of others.

Who can own land in the Philippines?

Acquisition and ownership of private lands is limited and/ or reserved to Filipinos or to corporations or partnership where at least 60% of the authorized capital of which is owned by Filipino citizens. Exemptions:

  • When such property is acquired prior to the 1973 Constitution
  • Acquisition by an alien or foreigner by hereditary succession
  • Foreigners/ aliens owning not more than 40% interest in a condominium project pursuant to RA4726
  • Where a former natural born Filipino who became a citizen of another country but is now returning to the Philippines to reside permanently. Hence, may acquire sale, donation, or through a tax sale, foreclosure sale or execution sale not more than 1000sqm for urban land or not more than one hectare for rural land to be used solely for residential purposes and subject to other limitations and requirements as provided under said law
  • A Filipina who marries an alien retains her Philippine citizenship (to avoid being stateless) unless by her own act or omission she is deemed to have renounced her Filipino citizenship, may acquire and own private lands in the Philippines

What are the kinds of land ownership?

  • Full Ownership- this includes all the right of an owner
  • Naked Ownership- an ownership where the right to the use and the fruits has been taken by another such as in the case of a usufruct
  • Sole Ownership- where ownership is vested in only one person
  • Co-Ownership- where ownership of land as a whole is vested in two or more persons

What are the modes of acquiring land?

  • Public Grant
  • Adverse Possession
  • Accretion
  • Reclamation
  • Voluntary Transfer or Private Grant
  • Involuntary Alienation or Involuntary Grant
  • Descent
  • Devise
  • Emancipation Patent

What is Public Grant?

This pertains to the different administrative methods of acquiring public lands, such as, homestead or free patent. (i.e.) The Spanish government distributed lands by issuing Royal Grants and concessions to discoverers, settlers, vassals and other people in varied forms. Because of these grants and concessions titles to land were acquired by the respective grantees.

What is Adverse Possession?

  • Adverse Possession is the right of an occupant of land to acquire title against the real estate owner, where possession has been actual, continuous, hostile, visible, distinct, and in the concept of owner for the statutory period of 30 years
  • Adverse possession does not apply on lands titled under the Torrens System)
  • The other term of Adverse Possession is Prescription.

What is Accretion?

It is the process by which soil is deposited to lands adjoining rivers. The owners of lands adjoining banks of rivers are also the owners of the accretion which they gradually receive from the effects of the current of waters. (Art.457 NCC)

What is Reclamation?

It is the deliberate act of filling of submerged land to create land above sea level. Example is the reclamation of Manila Bay where you can now find the Mall of Asia.

What is Voluntary Transfer or Private Grant?

It is the owner’s execution of the appropriate document transferring ownership to another. One example is the transfer of ownership through a Deed of Donation.

What is Involuntary Alienation or Involuntary Grant?

It is the process by which the land is taken through legal proceeding that renders a decision against the consent of the owner. Example is expropriation proceeding, execution of judgments, tax sales and foreclosure of mortgage. Squatting is the illegal type of Involuntary Alienation.

What is Descent?

It is the acquisition of land by virtue of hereditary succession as an heir.

What is Devise?

It is the acquisition of land by a person thru the will of the owner or testator. A devise is normally evidenced by a Last Will and Testament.

What are the characteristics of ownership?

  • It is a general right over all the utilities of a thing subject to the limitations of real rights of others.
  • It is an independent right since it can exist without the necessity of any other right.
  • It is an abstract right because it can exist distinct and independent of its constituent parts.
  • It is an elastic right in the sense that the power which is included therein may be reduced in quantity or quality without affecting the nature of the dominion.
  • It is an exclusive right for there can only be one ownership although there may be two or more owners.
  • It is generally a perpetual right in that it is not usually limited by time and may last as long as the thing exists.

What is Regalian Doctrine of property ownership?

It is a principle of law which means all natural wealth—agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the state. Thus, even if a private person owns the property where minerals are discovered, his ownership for such does not give him the right to extract or utilize said minerals without permission from the state to which such minerals belong.

In simpler manner, Regalian Doctrine says that “everything in the country without a registered owner is owned by the State.” “Regalian” comes from the root word “Regal” meaning Royal or Royalty.

What is Res Nullius?

Res Nullius says that “everything in earth must have an owner.” Since everything must have an owner, if there are no private claimants or owners, then that particular property is presumed to be owned by the State. Likewise, when a person dies without any heir, then the State succeeds to the estate of the deceased. Res Nullius is a Latin term where “Res” means Things, and “Nullius” means Without.

What is Stewardship Concept of real estate ownership?

Stewardship Concept is based on the principle that ownership of land carries with it a distinct social obligation. Owners are obliged to use their properties to promote the general welfare and not only their interest, thus the State may regulate or control land ownership.

What is Expropriation of Land?

It is an act of Government to take ownership of land for whatever purpose it may serve the state. This act is based on the government’s Right of Eminent Domain.

What is Emancipation Patent?

It is the grant of agricultural lands to tenant-farmers in the implementation of the land reform program of the government.

What private lands are still owned by aliens?

  • Lands acquired before the 1935 Constitution
  • Lands acquired by inheritance
  • Lands acquired by foreigners who were formerly natural-born Filipino citizens

What are the rights of an individual over a real estate that he owns?

NOTE: Real estate owners have certain rights over the property. However, as they say, freedom comes with responsibility, and it is the role of the State to ensure this. When reading these ownership rights enumerated below, the reader must note that under the Regalian Doctrine and Steward Concept, the government has certain rights and powers that are superior to the rights of an individual property owner.

  • Jus Utendi (The Right to Use). Jus Utendi means the right to use property, without destroying its substance. The real estate owner has the right to utilize the property for whatever purpose it may serve him best.
  • Jus-Fruendi (The Right to the Fruits). Jus Fruenti means the right to the yield of the property, the product of the trees or the soil, the increase in value of the property, and the payments of the rent. The real estate owner has the right to enjoy the production of goods and services on his property. This includes the right to natural, industrial and civil fruits.
  • Jus-Disponendi (The Right to Dispose). The real estate owner has the right to transfer the ownership to another, provided that there is no prior agreement or law that specifically regulates the exercise of the right. This includes the right to donate, to sell, or to mortgage.
  • Jus-Abutendi (The Right to Abuse). Since the real estate owner has full access to a real estate he owns, he has all the opportunity to do whatever he wants to the property. However, this is the right that is regulated by law to prevent the owner from abusing his property that may lead to destruction of environment or disturbance of social order.
  • Jus-Vindicandi (The Right to Recover). Real estate owners have the right to recover his property. However, the law provides that the owner must use judicial process if the property comes into the unlawful possession of another. He should not take the law into his own hands.
  • Jus Possidendi (The Right to Possess). Real estate owners have the right to possess his property and exclude others from enjoying the rights of owning it. This includes the right to exclude any person from the enjoyment and disposal of the property. For this purpose, the owner may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of the property. The property owner however, cannot use it in such a manner as to injure the right of others.

What are the rights that are incidents to ownership?

  • To enjoy and dispose of a property without other limitations than those established by law
  • The right to file action against third parties to recover ownership
  • To use force as may be reasonably necessary to repeal or prevent an actual or threatened unlawful invasion or usurpation of his property (Art. 429, NCC, relate to Art. 312, RPC)
  • The right to enclose or fence property—walls ditches, live or dead hedges—or by other means without detriment of servitudes constituted thereon
  • To demand indemnity for damages cause to property
  • The right to compensation in the event of expropriation
  • Right to be restored to possession in case of unlawful dispossession
  • Right to the surface/ subsurface of the land, right to construct thereon any works, plantation and excavations without detriment to servitude and subject to special laws and ordinances and without right to complain of the reasonable requirements of aerial navigation (Art. 437, NCC)
  • The right to hidden treasure (Art. 438, NCC)
  • Right to accession and fruits of the property
  • The right to “quiet title” to real property or any interest therein

Who owns the hidden treasure found in a privately owned real estate?

Hidden treasure belongs to the owner of the land, buildings, or other property on which it is found. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one half (1/2) thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure. If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. (Art. 438, NCC)

What is Right to Accession?

It is the right of the owner to everything that produced, incorporated or attached thereto naturally or physically (i.e. fruits, buildings, formations, and improvements).

What is Accretion?

It is an act by which the land bordering a stream or body of water increases its area by the river or other natural process.

What is Alluvion and how does it differ from the term Accretion?

Alluvion refers to the soil deposited, while accretion refers to the process.

What is Avulsion?

It is the process by which the current of the river, creek or torrent segregate from an estate to a known portion and transfer it to another estate.

What are the differences between Alluvion and Avulsion?

In Alluvion, there is a gradual deposit of soil, while in Avulsion, there is a sudden segregation of an estate.

In Alluvion, deposited soil belongs to the owner of the property where it was deposited, while in Avulsion, original owner retains ownership of the segregated portion.

In Alluvion, soil deposited cannot be identified as to its source, while in Avulsion, portion segregated can be identified

What are the limitations on Right of Ownership?

  • Constitutional
  • police power
  • eminent domain expropriation of private property for public use
  • taxation and escheat
  • Legal
  • Zoning ordinances
  • Regulations on subdivision projects
  • Building code
  • Other special laws and regulations (i.e. legal easement, right of way, right of water, Rent control Law, PD 957, Comprehensive Agrarian Reform Law, Urban Land Reform Law or PD 1517)
  • Consensual/ Voluntary
  • Easements and servitudes
  • Usufructs
  • Lease agreements
  • Restrictions in subdivision
  • Condominium deed of restrictions

What is Police Power of the State when it comes to real estate?

It is the right of the state to regulate and restrict personal property right for a common welfare. Based on the maxim, “welfare of the people is the supreme law of the land.” (i.e. when there is fire in a neighborhood, some houses may be destroyed or demolished by firemen to prevent the spread of fire without compensation to the owner)

What is the Government’s Power of Taxation?

It is the inherent power of the state to raise income or revenue to defray necessary governmental expenses for a public purpose.

What is Government’s Power of Eminent Domain?

It is the superior right of the state to take certain properties under certain condition. The right of the State is based on the need for human progress and community welfare and development.

What are the requisites of Eminent Domain?

  • Property must be taken for public use
  • The taking must be by competent authority
  • Due process of law must be observed
  • Just compensation must be paid

What is the difference between Eminent Domain and Expropriation?

Eminent Domain refers to the right while Expropriation refers to the procedures.

What is Escheat?

It is the reservation or automatic conveyance of real property to the State upon the owner’s death due to the absence of will heirs or other legal claimants, to the title, or when the owner fails to pay the real estate taxes.

What is the difference between Easement and Servitude?

Easement refers to a right enjoyed by another while Servitude is a burden imposed upon another. Thus, it is stated that a person has a right (easement) to impose a burden (servitude) upon another in cases provided for by law.

What are the requirements for a compulsory easement of Right of Way?

  • Property is surrounded by other properties and there is no adequate exit to the public highway
  • Payment of the proper indemnity
  • The isolation was not due to owner’s own acts
  • The right of way claimed is at the point least prejudicial

What is a Torrens Title and what is its implication?

A Torrens Title is a certificate of ownership issued under the Torrens System of registration by the government, through the Register of Deeds, naming and declaring the owner in fee simple of the real property described therein, free any and/ or liens and encumbrances except such as may be expressly noted thereon or otherwise reserve by law.

What is Immovable Property?

It is a property which, from its nature, destination or the subject to which it is applied, cannot be moved or be removed.

What is Movable Property?

It is a property which, generally, as the words imply, can be moved from one place to another. However, there are movables which under certain conditions, maybe considered immovable by virtue of their being attached to an immovable for certain specified purpose. Example of this is mobile house, boat house, and tents.

What are the examples of Immovable property?

  • Land, building, roads, and construction of all kinds adhered to the soil
  • Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable
  • Everything attached to an immovable in a fixed manner; in such a way that it cannot be separated therein without breaking the material or deterioration of the subject
  • Statues, reliefs, paintings or other object for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements
  • Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building on a piece of land, and which tend directly to meet the needs of the said industry or works
  • Animal houses, pigeon house, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included
  • Fertilizers actually used on a piece of land
  • Mines, quarries and slag dumps while the matter thereof forms part of the bed, and water either running or stagnant
  • Docks and structures which, though floating, are intended by their nature and object to remain at a fixed placed on a river, lake or coast
  • Contracts for public works, and servitude and other real rights over immovable property (Art. 415, NCC).