tag:blogger.com,1999:blog-18755341.post8858786329684659170..comments2023-10-26T22:16:17.692+08:00Comments on Baptist Churches in the Philippines: Guidelines and precautions in buying church propertyAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-18755341.post-48484430196454907052022-10-08T16:38:10.531+08:002022-10-08T16:38:10.531+08:00To Unknown at September 13, 2022 6:50 AM:
I don&#...To Unknown at September 13, 2022 6:50 AM:<br /><br />I don't handle cases or provide counseling anymore.<br /><br />Please contact Atty. Joram Deogracias (CPA) at deograciasjoram@gmail.com for your legal inquiry. He graduated from graduate of University of San Carlos in Cebu, and his father is Pastor of<br />Bible Baptist Church of Calatrava, Negros Occidental. He provides free legal counseling for churches.<br /><br />If you need actual legal representation, please contact Atty. Frederick Alcones ("Alcones Frederick" in Facebook).Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-77560201155978035262022-09-13T06:50:27.438+08:002022-09-13T06:50:27.438+08:00Good day!
We're a satellite church and recent...Good day!<br /><br />We're a satellite church and recently got a news from our mother church (located in QC), informing us that they will soon implement a new set of rules. One of them are:<br /><br />All Church possessions needs to be named under them (mother church), we still don't have our building or land here in Bulacan, but if we will get a land, this should be named under them as well.<br /><br />We started from scratch without their financial support, and now they want all of the satellite churches, all around the world, to comply with them or else they will kick the pastor out.<br /><br />Our Pastor would like to obey, however he's thinking about us (members) too. Again, we started with nothing and now they want us to get all the rights.<br /><br />Hoping to get a help from you Attorney.<br /><br />Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-74363043450815524752021-02-11T10:09:46.480+08:002021-02-11T10:09:46.480+08:00To Unknown at February 1, 2021: You should consult...To Unknown at February 1, 2021: You should consult a CPA regarding this matter. Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-87168533428706131422021-02-01T05:52:51.179+08:002021-02-01T05:52:51.179+08:00Magandang araw po. Madami po akong natutunan sa mg...Magandang araw po. Madami po akong natutunan sa mga blogs niyo, at nais ko pong isanguni ang problema namin. Kami po ay isang land/homeowner. 13 years ago pinahiram ng tatay ko (Pastor) ang bahay namin para maging simbahan at pinatayuan po ito ng church building katabi ng aming bahay. Ngaun po mag babayad kami ng tax kaso nagulat kami na ang laki ng sinisingil saamin dahil meron ng bagong building sa lupa namin nakita ng assessor. Since hindi po ito nakapanganlan sa simbahan na property ng church pwede pa ba po ito ideclare na non taxable? Maraming salamat po sana po mapansin niyo ang aking tanong. God blessAnonymoushttps://www.blogger.com/profile/14975705518019491085noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-12913041676181051462021-01-05T12:44:04.289+08:002021-01-05T12:44:04.289+08:00Hello po Attorney. Maaari po ba akong makahingi ng...Hello po Attorney. Maaari po ba akong makahingi ng details para po sa church resolution authorizing our pastor to process the title of our church property before transferring the property under the church name. Thank you for your response.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-28697719607675914902020-11-15T16:18:53.387+08:002020-11-15T16:18:53.387+08:00To Unknown at November 13, 2020:
Please contact A...To Unknown at November 13, 2020:<br /><br />Please contact Atty. Joram Deogracias (CPA) at for your legal inquiry. His father is a Baptist pastor, and his ministry is helping churches.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-57370712353603300352020-11-13T10:33:10.559+08:002020-11-13T10:33:10.559+08:00Nakabili po ang aming church ng lot at na transfer...Nakabili po ang aming church ng lot at na transfer na po sa church namin ang tax declaration. Ok na rin po sa bir ang gain tax & estate tax. Gusto lang po namin mapagawan ng land title ang nabili ng church namin na lupa. Currently po meron na po church building. Pagpunta po namin ng DENR di dw po pwede mapagawan ng land title ang mga simbahan gaya din ng mga coop & schools. Ok lng po ba na wala na kaming land title bsta meron na po deed of sale and na transfer na rin ang tax declaration to our church's name and tax exempt na kasi religious na ang classification?Anonymoushttps://www.blogger.com/profile/07855196330396080139noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-87258312210713075082020-01-07T20:32:49.743+08:002020-01-07T20:32:49.743+08:00Thank you atty. for your response.
Our church is l...Thank you atty. for your response.<br />Our church is located in quezon province.<br />Pwedi po bang makahingi ng konting kaalaman, kung ano ang tamang proseso ng pagbili ng lupa bilang isang branch lamang ng simbahan. Wala po kasi kaming board, deacons lang po kami na itinalaga lamang ng aming pastor. Sa ngayon po ay nakakuwa pa lang kami ng sariling TIN para sa aming simbahan na branch lamang.<br />Salamat po.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-85392801453735544602020-01-07T06:54:40.155+08:002020-01-07T06:54:40.155+08:00To Anonymous at January 6, 2020
Your church needs...To Anonymous at January 6, 2020<br /><br />Your church needs to directly and personally consult a lawyer; show the lawyer all the documents relating to this matter.<br /><br />Is your church located in Metro Manila? If yes, email me at gtgalacio@yahoo.com so that I can recommend a lawyer to your church.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-5138604940372950702020-01-06T22:15:12.149+08:002020-01-06T22:15:12.149+08:00This comment has been removed by a blog administrator.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-60492667460627933502020-01-06T21:58:07.914+08:002020-01-06T21:58:07.914+08:00Salamat po sa website na ito.
Nais ko lang pong ma...Salamat po sa website na ito.<br />Nais ko lang pong magtanong tungkol sa kasalukuyang nangyayari sa church namin. Ang church po namin ay isang branch. Bumili po ang pastor namin ng lupa upang gawing parking ng sasakyan ng mga kapatiran.<br />Ang po ay ipapangalan sa mismong sa aming church.<br />Kumuwa po ang aming pastor ng sariling TIN para sa church namin.<br />Ngayon po ay hinihingan kami ng resolution ng pagbili ng lupa.<br />Wala naman po kaming BOARD, pero may deacons po kami. Gumawa po ako ng resolution na ang mga signatory ay ang ilang deacons pero hindi pa po nila pinipirmahan dahil sila ay may alinlangan. Ano po kaya ang dapat gawin at anu pa ang mga legal na hakbang na dapat naming gawin dahil hindi pala biro ang bumili ng property bilang isang simbahan. Salamat po sa inyong pagtugonAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-68098329926708445622019-09-23T21:36:40.084+08:002019-09-23T21:36:40.084+08:00From "Registering a local Baptist church with...From "Registering a local Baptist church with the SEC as a religious society or aggregate; what is a corporation sole?" at https://baptist-rp.blogspot.com/2008/08/registering-local-baptist-church-with.html<br /><br />"Can a corporation sole be transformed into a religious society or aggregate?<br /><br />"Yes. The Supreme Court ruled in “IEMELIF et al vs. Bishop Nathanael Lazaro et al”, G.R. No. 184088, July 6, 2010 that such change can be done by mere amendment of its articles of incorporation without the need of going through the process of dissolution."<br /><br />Your situation is the opposite. You need to consult a tax lawyer or a CPA to explain to you the financial aspects of your proposed change from religious society to corporation sole.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-24900006538973766742019-09-23T13:37:33.647+08:002019-09-23T13:37:33.647+08:00Hi atty,
We have acquired a property under the ch...Hi atty,<br /><br />We have acquired a property under the church name which is registered as religious aggregate. We plan to register into corporation sole the office of the pastor. How can we transfer the property to the corporation sole?Anonymoushttps://www.blogger.com/profile/05609638866900772253noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-34046236419821941062019-06-24T21:04:18.124+08:002019-06-24T21:04:18.124+08:00To Unknown at June 21, 2019 10:14 AM:
You have se...To Unknown at June 21, 2019 10:14 AM:<br /><br />You have several options:<br /><br />1. Ask a lawyer-notary public to prepare a Deed of Absolute Sale. And then ask the landowner to sign it. The problem is, you will be assessed penalties by the BIR and Register of Deeds for the late registration of the deed of sale and the transfer of the title.<br /><br />2. If the landowner refuses to sign the deed of sale that your lawyer-notary public has prepared, you will need to file a case against him/her.<br /><br />In the meantime, you may need to file with the Register of Deeds an affidavit of adverse claim so that the landowner or his heirs will not be able to sell the land to other parties.<br /><br />3. If your church property is located in Metro Manila, email me at gtgalacio@yahoo.com so that I can give you the names of lawyers who may be able to help you.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-30454204959998432412019-06-21T10:14:27.098+08:002019-06-21T10:14:27.098+08:00My church has a building and the lot bought on 200...My church has a building and the lot bought on 2008 of one generious member. But no deed of sale. Our church had a land title coming from the landowner. How to transfer the land title to our church name? Our church was registered in SEC. What is the process? Thank you.Anonymoushttps://www.blogger.com/profile/06690836654899994666noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-46440717802545697862018-06-16T06:43:02.604+08:002018-06-16T06:43:02.604+08:00a foreign pastor I believe is not allowed by Phili...a foreign pastor I believe is not allowed by Philippine law to buy <a href="https://thephilippinestoday.com/can-a-foreigner-buy-land-in-the-philippines/" rel="nofollow">land</a> in the Philippines.The Philippines Todayhttps://thephilippinestoday.com/can-a-foreigner-buy-land-in-the-philippines/noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-40594833164264022202016-05-06T08:03:50.410+08:002016-05-06T08:03:50.410+08:00"the deed of sale will be under the name of t..."the deed of sale will be under the name of two married couples (4), then, after the deed of sale, deed of donation follows"<br /><br />(1) Problema ng church nyo yun magiging donor's tax na 20% of the value of the donation (plus yung panibagong transfer fees). Doble gastos nyo; bayad kayo sa ipinautang ng couple plus the donor's tax.<br /><br />(2) Paano kung namatay ang isa sa mga couple or ilan sa kanila? Di yung property mapupunta sa mga heirs nila, hindi sa church.<br /><br />"the deed of sale be under the name of the church with the two married couples as representatives"<br /><br />Siguro ang ganitong arrangement ay para sa proteksyon ng two married couples. PERO meron mas diretsong paraan. Mag-loan ang two married couples; pagkatapos ipahiram nila ang pera sa church. Yung church babayaran naman ng paunti-unti ang couples. Solb!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-11956066669834486172016-05-05T18:08:05.755+08:002016-05-05T18:08:05.755+08:00Our church is planning to buy a lot. We will borro...Our church is planning to buy a lot. We will borrow money from two married church members who have capacity to pay when applying for bank loan. Which costs lesser taxes-<br />a. the deed of sale will be under the name of two married couples (4), then, after the deed of sale, deed of donation follows; or<br />b. the deed of sale be under the name of the church with the two married couples as representatives?<br /><br />evelynhttps://www.blogger.com/profile/13660148342978640437noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-74032375748769044412016-02-06T16:22:09.563+08:002016-02-06T16:22:09.563+08:00(1) A subdivision is not a good place on which to ...(1) A subdivision is not a good place on which to build a church.<br /><br />(2) SEC registration doesn't take a long time. With the SEC's Green Lane, registration can be completed within a week.<br /><br />(3) If the house and lot are donated to the church later on, a donor's tax of 20% of the value of the properties must be paid. The Register of Deeds will not transfer the titles of the properties to the church without proof that the the donor's tax has been paid.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18755341.post-2111637242589836222016-02-06T13:34:06.221+08:002016-02-06T13:34:06.221+08:00Good Day.Our church is planning to buy two units o...Good Day.Our church is planning to buy two units of house and lot here in our subdivision for our church building.We dont have SEC yet. For a while our Pastor use his name for the inhouse reservation while waiting for the SEC . Is it possible that our Pastor to make the deed of donation the property to church and just transfer the name of the title. A lot of members have questions about this because they are wandering why the name of the property is in our Pastor?Please give us a piece of advise.Thank you and God bless.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18755341.post-60819880217755866202010-05-18T18:48:22.073+08:002010-05-18T18:48:22.073+08:00Was so blessed by your counsels and advice..I bein...Was so blessed by your counsels and advice..I being a missionary from India and living in this wonderful country for the last 10 years..yes have seen and heard similar problems..God bless you more atty.. Pastor Joseph SamuelJoseph Samuelhttps://www.blogger.com/profile/09032660590994570936noreply@blogger.com