Dear PAO,
I was born in the Philippines but immigrated to the United States in 1995. I learned that my siblings are now planning to sell our family home in Bulacan since both our parents have already passed away. I would like to save the house, as it is the only reminder of our childhood and of our parents. I am thinking of buying the shares of my siblings so that I can preserve our parent’s home. However, I am unsure whether I am allowed to own a real property in the Philippines, considering that I did not apply for dual citizenship. Please enlighten me on this matter.
Animova
Dear Animova,
As a general rule, only Filipino citizens are allowed to own real property in the Philippines. All lands of the public domain are owned and controlled by the State; hence, in pursuit of national economy and patrimony, such lands shall be reserved only to Filipino citizens or corporations/associations that are at least 60 percent Filipino-owned. (Secs. 3, Article XII, Constitution) It is for this reason that ownership of land in the country is restricted to foreigners.
Nonetheless, there are certain exceptions provided under the Philippine Constitution where a foreign national can lawfully acquire a property under his or her name. Sections 7 and 8, Article XII of the 1987 Constitution were explicit:
Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
Section 8. Notwithstanding the provisions of Section 7 of this Article, 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.
Thus, there are two instances when a foreigner may acquire a real property in the Philippines: through hereditary succession, or if he or she is a former natural-born Filipino citizen.
Batas Pambansa Bilang 185 (BP Blg. 185) is also instructive as to the disposition of private lands in favor of natural-born Filipino citizens who have lost their Philippine citizenship, to wit:
Section 1. In implementation of Section fifteen of Article XIV of the [1973] Constitution, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private land, for use by him as his residence, subject to the provisions of this Act.
Section 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence. In the case of married couples, one of them may avail of the privilege herein granted; Provided, that if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized.
Given the foregoing, you may legally acquire your family home in Bulacan and register it under your name. Although you are a foreigner, your case falls under both exceptions allowed by the Philippine Constitution. You can acquire the land either as an heir or by virtue of your status as a natural-born Filipino citizen.
In this regard, you may buy the shares of your siblings on the estate of your deceased parents and consolidate the title of the property solely under your name. Provided, further, that the property does not exceed the maximum area of one thousand square meters 1,000 sqm. of urban land or one hectare of rural land, and the disposition is compliant with the other limitations stated in BP Blg. 185.
We hope that we were able to answer your queries. This advice was based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
