Legal
Due Diligence Checklist: Protecting Your Siargao Property Investment
Attorney Maria Rodriguez
March 10, 2024
15 min read

Due Diligence Checklist: Protecting Your Siargao Property Investment
Proper due diligence is essential when purchasing property in Siargao. This comprehensive checklist helps ensure you're making a sound investment and avoiding common pitfalls.
Title Verification
Registry of Deeds Check
- Verify title authenticity at the Registry of Deeds
- Confirm seller is the registered owner
- Check for any annotations, liens, or encumbrances
- Verify tax declaration matches the title
- Confirm property boundaries and area
Title History
- Review chain of ownership back to OCT
- Check for any gaps or irregularities
- Verify all previous transfers were properly executed
- Confirm no pending legal cases affecting the property
Physical Inspection
Property Boundaries
- Conduct actual survey of property
- Verify boundaries match title description
- Check for encroachments or boundary disputes
- Identify all access points
- Confirm right-of-way if applicable
Physical Condition
- Inspect existing structures
- Check for flood or erosion damage
- Assess soil quality and stability
- Evaluate topography and drainage
- Document current condition with photos
Legal Compliance
Zoning and Land Use
- Verify current zoning classification
- Confirm intended use is permitted
- Check for any land use restrictions
- Review comprehensive land use plan
- Confirm compliance with coastal setback rules
Environmental Compliance
- Check if property is in protected area
- Verify environmental clearance requirements
- Assess flood zone designation
- Review any environmental restrictions
- Confirm compliance with environmental laws
Financial Verification
Tax Compliance
- Verify real property tax payments are current
- Check for any tax delinquencies
- Confirm capital gains tax paid on previous sale
- Review tax declaration accuracy
- Calculate transfer taxes and fees
Valuation
- Obtain independent property appraisal
- Compare with recent comparable sales
- Assess fair market value
- Evaluate investment potential
- Calculate total acquisition costs
Seller Verification
Identity and Authority
- Verify seller's identity with valid ID
- Confirm authority to sell (if corporation or estate)
- Check marital status and spouse consent
- Verify power of attorney if applicable
- Confirm no legal impediments to selling
Seller's Obligations
- Ensure all property taxes paid
- Confirm no outstanding utility bills
- Verify homeowners association dues current
- Check for any pending obligations
- Obtain clearances from relevant authorities
Infrastructure and Utilities
Access and Roads
- Verify legal access to property
- Check road condition and maintenance
- Confirm right-of-way documentation
- Assess accessibility during rainy season
- Evaluate distance to main roads
Utilities Availability
- Check electricity connection availability
- Verify water source and quality
- Assess internet connectivity options
- Confirm sewage/septic requirements
- Evaluate mobile phone coverage
Neighborhood Assessment
Location Factors
- Research neighborhood development plans
- Check proximity to amenities
- Assess noise and traffic levels
- Evaluate security and safety
- Review future development projects
Community
- Meet with neighbors if possible
- Check homeowners association rules
- Assess community atmosphere
- Verify any community restrictions
- Understand local customs and practices
Documentation Review
Required Documents
- Original Certificate of Title or TCT
- Tax Declaration
- Real Property Tax Receipts (last 5 years)
- Deed of Absolute Sale (if previous transfer)
- Survey Plan and Technical Description
- Barangay Clearance
- Certificate of No Improvement (if applicable)
Contract Review
- Have lawyer review purchase agreement
- Verify all terms and conditions
- Confirm payment schedule
- Check for hidden clauses
- Ensure proper contingencies included
Professional Assistance
Engage Qualified Professionals
- Hire licensed real estate broker
- Engage property lawyer for title search
- Obtain independent surveyor
- Consult tax advisor
- Consider property inspector
Professional Verification
- Verify professional licenses
- Check references and track record
- Confirm insurance coverage
- Review engagement terms
- Establish clear communication channels
Risk Assessment
Identify Potential Issues
- Assess natural disaster risks
- Evaluate market volatility
- Consider political/regulatory changes
- Review insurance requirements
- Plan for contingencies
Exit Strategy
- Consider resale potential
- Evaluate rental market
- Assess liquidity
- Plan for property management
- Consider long-term holding costs
Final Steps Before Closing
Pre-Closing Verification
- Final title search (within 7 days of closing)
- Confirm no new liens or encumbrances
- Verify all conditions met
- Prepare closing documents
- Arrange payment and transfer
Closing Day
- Review all documents carefully
- Verify payment calculations
- Ensure proper execution of documents
- Obtain all original documents
- Register transfer immediately
Post-Purchase Actions
Immediate Steps
- Register title transfer at Registry of Deeds
- Update tax declaration
- Secure property insurance
- Change utility accounts
- Install security measures
Ongoing Maintenance
- Pay property taxes annually
- Maintain property insurance
- Keep all documents secure
- Monitor property condition
- Stay informed of local developments
Red Flags to Watch For
Be cautious if you encounter:
- Seller reluctant to provide documents
- Significant discrepancies in property details
- Unusually low prices without explanation
- Pressure to close quickly
- Incomplete or suspicious documentation
- Multiple owners or unclear ownership
- Pending legal cases
- Environmental violations
- Unpaid taxes or liens
Professional Support
Never skip professional assistance:
- Lawyer: Essential for title search and contract review
- Surveyor: Confirms boundaries and measurements
- Broker: Facilitates transaction and local knowledge
- Accountant: Tax planning and compliance
- Inspector: Property condition assessment
Investment Protection
Insurance Coverage
- Property insurance against natural disasters
- Title insurance if available
- Liability insurance for rental properties
- Builder's risk insurance during construction
Legal Protection
- Properly executed contracts
- Clear title documentation
- Compliance with all regulations
- Regular legal reviews
Thorough due diligence may seem time-consuming and expensive, but it's a small investment compared to the cost of discovering problems after purchase. Take your time, engage qualified professionals, and don't let excitement override careful analysis. A well-researched property purchase in Siargao can provide years of enjoyment and solid investment returns.