Can Pinoys who are US citizens own real estate in the Phils?

[Jia1911 5]

Hi, asking for a friend. Both her Filipino parents, who are already US citizens, want to buy a residential house and lot for their retirement here in the Philippines. Can they do that with their names on the land title? Do they have to get dual citizenship? I read somewhere that only Filipino citizens can own properties here, please correct me if I'm wrong. 

[top_secret 2,716]

If they haven't already, they would have to reaquire their Philippine Citizenship which they surrendered when the took their oath of allegiance to the US.  It's a relatively simple process they would go through with the Philippine Consulate or Embassy.  Then they would have all the rights any Philippine Citizen has in the Philippines.  If you friend is the child of Philippine Citizen parents, she may also be able to easily aquire Philippine Citizenship through the Philippine Consulate or Embassy

[Boiler 47,536]

Intrigued, how does a Philippine Citizen lose citizenship as part of the US naturalisation process?

[top_secret 2,716]

9 minutes ago, Boiler said:

Intrigued, how does a Philippine Citizen lose citizenship as part of the US naturalisation process?

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America.."

 

The Philippines takes that very literally, but would allow one of their former Citizens to "amend their position" after the fact, and thus reaquire their Philippine Citizenship.

[Joe Kano 327]

Former natural-born Filipinos can own property in the Philippines, subject to limitations prescribed by Philippine Republic Act 8179 (residential property up to 1000 square meters of urban land or one hectare of rural land) and Batas Pambansa 185 (business property 5000 square meters of urban land or three hectares of rural land

 

Owning Land in the Philippines (dfa.gov.ph)

 

[Skyman 337]

2 hours ago, Boiler said:

Intrigued, how does a Philippine Citizen lose citizenship as part of the US naturalisation process?

Some countries including the RP (but not the US) consider naturalization in another country to be loss of citizenship. The truth is they want their $50 to reacquire RP citizenship. 

[Skyman 337]

3 hours ago, Jia1911 said:

Hi, asking for a friend. Both her Filipino parents, who are already US citizens, want to buy a residential house and lot for their retirement here in the Philippines. Can they do that with their names on the land title? Do they have to get dual citizenship? I read somewhere that only Filipino citizens can own properties here, please correct me if I'm wrong. 

They can with limitations.  1500sqm I think. Or they can reacquire at an embassy. 

Edited March 21, 2021 by Skyman

[Jia1911 5]

Appreciate all your responses. Very helpful information. Thanks! 😄

[Hank_ 9,174]

8 hours ago, Jia1911 said:

Hi, asking for a friend. Both her Filipino parents, who are already US citizens, want to buy a residential house and lot for their retirement here in the Philippines. Can they do that with their names on the land title? Do they have to get dual citizenship? I read somewhere that only Filipino citizens can own properties here, please correct me if I'm wrong. 

YES they can.

 

I was going to give a detailed response  ...    But I see Joe Kano covered it pretty good.

[nelmagriffin 168]

Greetings!

This may help ypu. Pay attention to number six.( Purchase by a foreigner who was originally natural-born Filipino, subject to limitations set by the law.)

 

Exceptions allowing foreigners to acquire land in the Philippines:

1. Property was acquired prior to the 1935 Constitution;
2. Property was acquired through hereditary succession, with the foreigner being a legal or natural heir;
3. Purchase of a unit or units in a condominium project, subject to 40% foreign ownership limit in the condominium corporation;
4. Purchase of land by a domestic corporation, subject to 40% foreign ownership rule;
5. Purchase by a foreigner married to a Filipino;
6. Purchase by a foreigner who was originally natural-born Filipino, subject to limitations set by the law

#6. Purchase by a foreigner who was natural-born Filipino

Natural-born Filipinos who lost their Filipino citizenship and acquired foreign citizenship are eligible to own lands in the Philippines under the 1987 Constitution. The relevant provision states that:

“Section 8 (Article XII). … a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.”

This simply means foreign citizens, who were former natural-born citizens of the Philippines, are eligible to acquire and own lands.

First things first, what is a “natural-born Filipino”?

The Philippine Constitution defines a natural-born Filipino as a “citizen of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”

Specifically, the following people are classified as natural-born Filipinos:

• A citizen of the Philippines at the time of the adoption of the 1987 Constitution;
• Born after January 17, 1973, whose fathers or mothers are citizens of the Philippines at the time of their birth;
• Born before January 17, 1973, may be born anywhere in the world, to a Filipino father; or to a Filipino mother and that person elects Filipino citizenship upon reaching the age of majority (which is 18 years old)
• Naturalized under the Philippines’ Naturalization Law;
• A citizen of the Philippines who married a foreigner but have not renounced their Filipino citizenship
• Those who acquired Dual citizenship (i.e., Filipino and another citizenship);
• Those who acquired Derivative (origin or descent) citizenship (i.e., the unmarried child, legitimate or not or adopted, below 18 years of age, of those who re-acquired Philippine citizenship upon effectivity of RA 9225 or the Citizenship Retention and Re-acquisition Act of 2003)

The specific laws governing land ownership rights of natural-born Filipinos, who acquired foreign citizenship, are Batas Pambansa 185 (BP 185) enacted in 1982 and Republic Act 8179 (RA 8179), which amended the Foreign Investment Act of 1991.

Land ownership rules for foreigners who were natural-born Filipinos:

Here are the limitations for land ownership of non-Filipino citizens who were originally natural-born Filipinos:

1. Lot area limits for acquisition of land to be used for residence:

• 1,000 square meters (sqm) of urban land
• 1 hectare of rural land

2. Lot area limits for acquisition of land to be used for business or commerce:

• 5,000 square meters (sqm) of urban land
• 3 hectares of rural land

Either of the spouses (who are both former natural-born Filipinos) may avail of this privilege, but the total acquisition shall not exceed the maximum area allowed.

In addition, those who acquired urban or rural land for residential purpose while still a Filipino citizen may acquire additional urban or rural land for residential purposes, provided that when added to that already owned, the total shall not exceed the maximum area stated above.

Similarly, the same rules apply to those who already own urban or rural land, while still a Filipino citizen, to be used for business purposes.

The same land ownership guidelines state that a natural-born Filipino may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines, provided that the total area of those lots do not exceed 1,000 sq. m. for urban land or one (1) hectare for rural land for use as residence, or do not exceed 5,000 sq. m. for urban land or three (3) hectares for rural land for use in business.

The law also disallows a person who already acquired urban land for residential purpose to acquire rural land for residential purpose and vice versa. We have a specific example explaining this in the FAQ below.

In addition, under Section 4 of Rule XII of the Implementing Rules and Regulations of RA 704 as amended by RA 8179, a transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. However, if the transferee has disposed of his rural land, he may still acquire rural land and vice versa, provided that this will be used for business.

We have more practical examples of the application of these land ownership rules for natural-born Filipinos in the FAQ below, but for now, let’s answer a question that has confused some foreign retirees looking to own land:

 

Foreigners with Special Retirement Visa can own land in the Philippines?

There is, unfortunately, a misconception among foreign retirees in the Philippines, specifically those holding a Special Resident Retirees Visa or SRRV, on whether they are allowed to own land.

According to the Philippine Retirement Authority (PRA), the agency in charge of issuing SRRV, foreigners holding an SRRV are NOT allowed to own land or real estate property in the Philippines.

If the foreign retiree is legally married to a Filipino citizen, the foreigner may purchase land but, like in Case No. 5 above, the property will be registered in the name of the Filipino spouse.

The exception is a foreign retiree holding an SRRV who was a former natural-born Filipino. The applicable rules will be the same as the rules for natural-born Filipinos who acquired foreign citizenship, as stated in Case No. 6 above.

Credits: Alveo Land

FAQ on Land Ownership for “Natural-Born Filipinos”

---

Question #1: I am a former natural-born Philippine citizen but have become a naturalized citizen of another country. Am I allowed to own land in the Philippines?

Answer: Yes. Any natural-born Filipino citizen who has lost Philippine citizenship may still own private land in the Philippines up to a maximum area of 5,000 square meters in the case of rural land. See ownership limits in Case No. 6 above.

---

Question #2: Can I purchase several lots located in different cities and municipalities if the total area of all lots does not exceed 5,000 square meters of urban land or three hectares of rural land?

Answer: A former natural-born Philippine citizen is allowed to acquire not more than two (2) lots situated in different municipalities or cities. The total area of the two lots should not exceed 5,000 square meters of urban land or three (3) hectares of rural land.

---

Question #3: If I am allowed to own a maximum of two lots situated in different municipalities or cities, can I own a 5,000 square-meter urban lot in one city (for example, Quezon City) and three hectares of rural land and vice versa?

Answer: No. A former natural-born Philippine citizen who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.

---

Question #4: Is there a way for a former natural-born Philippine citizen to own more than 5,000 square meters of urban land or three hectares of rural land?

Answer: Yes. If a former natural-born Philippine citizen reacquires Philippine citizenship law, he can acquire land without area limit.

 

REFERENCE:6 Ways Foreigners Can Own Land & Buy Real Estate in the Philippines (pinoymoneytalk.com)

[Jia1911 5]

On 3/23/2021 at 1:41 AM, nelmagriffin said:

Greetings!

This may help ypu. Pay attention to number six.( Purchase by a foreigner who was originally natural-born Filipino, subject to limitations set by the law.)

 

Exceptions allowing foreigners to acquire land in the Philippines:

1. Property was acquired prior to the 1935 Constitution;
2. Property was acquired through hereditary succession, with the foreigner being a legal or natural heir;
3. Purchase of a unit or units in a condominium project, subject to 40% foreign ownership limit in the condominium corporation;
4. Purchase of land by a domestic corporation, subject to 40% foreign ownership rule;
5. Purchase by a foreigner married to a Filipino;
6. Purchase by a foreigner who was originally natural-born Filipino, subject to limitations set by the law

#6. Purchase by a foreigner who was natural-born Filipino

Natural-born Filipinos who lost their Filipino citizenship and acquired foreign citizenship are eligible to own lands in the Philippines under the 1987 Constitution. The relevant provision states that:

“Section 8 (Article XII). … a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.”

This simply means foreign citizens, who were former natural-born citizens of the Philippines, are eligible to acquire and own lands.

First things first, what is a “natural-born Filipino”?

The Philippine Constitution defines a natural-born Filipino as a “citizen of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”

Specifically, the following people are classified as natural-born Filipinos:

• A citizen of the Philippines at the time of the adoption of the 1987 Constitution;
• Born after January 17, 1973, whose fathers or mothers are citizens of the Philippines at the time of their birth;
• Born before January 17, 1973, may be born anywhere in the world, to a Filipino father; or to a Filipino mother and that person elects Filipino citizenship upon reaching the age of majority (which is 18 years old)
• Naturalized under the Philippines’ Naturalization Law;
• A citizen of the Philippines who married a foreigner but have not renounced their Filipino citizenship
• Those who acquired Dual citizenship (i.e., Filipino and another citizenship);
• Those who acquired Derivative (origin or descent) citizenship (i.e., the unmarried child, legitimate or not or adopted, below 18 years of age, of those who re-acquired Philippine citizenship upon effectivity of RA 9225 or the Citizenship Retention and Re-acquisition Act of 2003)

The specific laws governing land ownership rights of natural-born Filipinos, who acquired foreign citizenship, are Batas Pambansa 185 (BP 185) enacted in 1982 and Republic Act 8179 (RA 8179), which amended the Foreign Investment Act of 1991.

Land ownership rules for foreigners who were natural-born Filipinos:

Here are the limitations for land ownership of non-Filipino citizens who were originally natural-born Filipinos:

1. Lot area limits for acquisition of land to be used for residence:

• 1,000 square meters (sqm) of urban land
• 1 hectare of rural land

2. Lot area limits for acquisition of land to be used for business or commerce:

• 5,000 square meters (sqm) of urban land
• 3 hectares of rural land

Either of the spouses (who are both former natural-born Filipinos) may avail of this privilege, but the total acquisition shall not exceed the maximum area allowed.

In addition, those who acquired urban or rural land for residential purpose while still a Filipino citizen may acquire additional urban or rural land for residential purposes, provided that when added to that already owned, the total shall not exceed the maximum area stated above.

Similarly, the same rules apply to those who already own urban or rural land, while still a Filipino citizen, to be used for business purposes.

The same land ownership guidelines state that a natural-born Filipino may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines, provided that the total area of those lots do not exceed 1,000 sq. m. for urban land or one (1) hectare for rural land for use as residence, or do not exceed 5,000 sq. m. for urban land or three (3) hectares for rural land for use in business.

The law also disallows a person who already acquired urban land for residential purpose to acquire rural land for residential purpose and vice versa. We have a specific example explaining this in the FAQ below.

In addition, under Section 4 of Rule XII of the Implementing Rules and Regulations of RA 704 as amended by RA 8179, a transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. However, if the transferee has disposed of his rural land, he may still acquire rural land and vice versa, provided that this will be used for business.

We have more practical examples of the application of these land ownership rules for natural-born Filipinos in the FAQ below, but for now, let’s answer a question that has confused some foreign retirees looking to own land:

 

Foreigners with Special Retirement Visa can own land in the Philippines?

There is, unfortunately, a misconception among foreign retirees in the Philippines, specifically those holding a Special Resident Retirees Visa or SRRV, on whether they are allowed to own land.

According to the Philippine Retirement Authority (PRA), the agency in charge of issuing SRRV, foreigners holding an SRRV are NOT allowed to own land or real estate property in the Philippines.

If the foreign retiree is legally married to a Filipino citizen, the foreigner may purchase land but, like in Case No. 5 above, the property will be registered in the name of the Filipino spouse.

The exception is a foreign retiree holding an SRRV who was a former natural-born Filipino. The applicable rules will be the same as the rules for natural-born Filipinos who acquired foreign citizenship, as stated in Case No. 6 above.

Credits: Alveo Land

FAQ on Land Ownership for “Natural-Born Filipinos”

---

Question #1: I am a former natural-born Philippine citizen but have become a naturalized citizen of another country. Am I allowed to own land in the Philippines?

Answer: Yes. Any natural-born Filipino citizen who has lost Philippine citizenship may still own private land in the Philippines up to a maximum area of 5,000 square meters in the case of rural land. See ownership limits in Case No. 6 above.

---

Question #2: Can I purchase several lots located in different cities and municipalities if the total area of all lots does not exceed 5,000 square meters of urban land or three hectares of rural land?

Answer: A former natural-born Philippine citizen is allowed to acquire not more than two (2) lots situated in different municipalities or cities. The total area of the two lots should not exceed 5,000 square meters of urban land or three (3) hectares of rural land.

---

Question #3: If I am allowed to own a maximum of two lots situated in different municipalities or cities, can I own a 5,000 square-meter urban lot in one city (for example, Quezon City) and three hectares of rural land and vice versa?

Answer: No. A former natural-born Philippine citizen who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.

---

Question #4: Is there a way for a former natural-born Philippine citizen to own more than 5,000 square meters of urban land or three hectares of rural land?

Answer: Yes. If a former natural-born Philippine citizen reacquires Philippine citizenship law, he can acquire land without area limit.

 

REFERENCE:6 Ways Foreigners Can Own Land & Buy Real Estate in the Philippines (pinoymoneytalk.com)

Thanks so much! 😄