If you are a former Filipino, can you still own real properties in the Philippines considering you are now foreigner?

For real properties in the Philippines, it is important to note the Constitution prohibits foreigners from acquiring private land in the country.

Section 7, Article 12 of the Constitution provides that, in cases of hereditary succession, private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

On the other hand, a former Filipino Citizen may still acquire private lands, subject to certain limitations. Section 8, Article 12 of the Constitution states that 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.

These ownership limitations for former Filipino citizens are found Batas Pambansa Blg. 185 (BP 185) and Republic Act 8179 (RA 8179).

For residential purposes, BP Blg. 185 provides that a former Filipino, who has the legal capacity to enter contracts, may be receive private land as a transferee up to a maximum area of 1,000 sqmm. in the case of urban land, or 1 hectare in the case of rural land, to be used by him as his residence.

Meanwhile, RA 8179 states that a former Filipino, who has the legal capacity to enter contracts, may be receive private land as a transferee up to a maximum area of 5,000 sqmm. (urban), or 3 hectare (rural) for business and other purposes

In case you are are married, only one of you may avail of the privileges above. If both you and you spouse are former Filipinos, your combined land ownership must not exceed the maximum areas provided above.

As transferee or recipient of private lands, you cannot acquire more than 2 lots situated in different municipalities or cities anywhere in the Philippines. Should you have already acquired urban land, you will be disqualified from acquiring rural lands and vice versa.

Who are considered natural-born Filipinos?

Note that while the Constitution generally prohibits foreigners from owning real properties, it allows natural-born Filipinos to acquire some, subject to limitations.

Article IV of the Constitution defines natural-born Filipinos are citizens of the Philippines from birth without the need to perform any act to acquire or perfect their Philippine citizenship. Examples are enumerated below, to wit:

  1. Those who are citizens of the Philippines at the time of the adoption of this Constitution
  2. Those whose fathers or mothers are citizens of the Philippines;
  3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
  4. Those who are naturalized in accordance with law.

For those born before January 17, 1973 with Filipino mothers, note that they are deemed natural-born citizens once they choose to be Filipinos upon reaching age of majority.

What happens if Filipinos become naturalized foreigners?

Republic Act 9225 (RA 9225 or Dual Citizenship Law) provides that those who have become naturalized citizens of another country are still considered Filipinos as they are deemed not to have lost their Philippine citizenship”. This allows them to enjoy all the rights and privileges of being Filipino, including ownership of private lands. Thus, you have to be a dual citizen to own real properties to the full extent.

However, those naturalized are not automatically considered dual citizens. They must first undergo a process of reacquisition of Philippine citizenship. Hence, if you are a naturalized Filipino and you fail to go under the processing of reacquisition of citizenship, you may not qualify to fully inherit real properties. Nevertheless, you may still benefit from Section 8, Article 12, subject to limitations.

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