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Land Ownership by Former Filipino Citizens

Frequently Asked Questions

I am a natural born Filipino citizen who is now an American citizen. Can I buy or own real estate properties in the Philippines?
What are the limitations to land acquisitions?
In the event of my death, can the property be transferred to my husband or children or both, who are all natural born American citizens?
What are the limitations on hereditary succession?
What do I do to ensure that the title of the land I will purchase is clear or free from any claims of other parties?

1. I am a natural born Filipino citizen who is now an American citizen. Can I buy or own real estate properties in the Philippines?

Yes, you can own or buy real estate properties in the Philippines.

Under Article XII Section 8 of the Philippine Constitution, a natural-born citizen of the Philippines who has lost his or her Philippine citizenship can acquire land, subject to certain limitations.

This includes acquisition by sale, inheritance or donation.

2. What are the limitations to land acquisitions?

Batas Pambansa 185, which was enacted in March 1982, stipulates guidelines on land ownership by former Filipinos, while Section 10 of Republic Act 8179 (which amended the Foreign Investment Act of 1991) specifies conditions for land acquisition for investment purposes.

The following are the pertinent limitations:

PARTICULARS	BP 185	RA 8179
Size/Area Coverage	Maximum of 1,000 sq. meters for urban land Maximum of 1 hectare for rural land	Maximum of 5,000 sq. meters for urban land. Maximum of 3 hectares for rural land
Acquisition by both spouses	Either of the spouses may avail of the privilege. In case both spouses wish to acquire lands for this purpose, the total area acquired should not exceed the maximum	Either of the spouses may avail of the privilege. In case both spouses wish to acquire lands for this purpose, the total area acquired should not exceed the maximum
Additional land acquisition	If he/she already owns land for residential purposes, he or she can still acquire additional land but the total area should not exceed the maximum.	If he/she already owns land for business purposes, he/she can still acquire additional land but the total area should not exceed the maximum.
Limits to acquisition of land	A person can acquire a maximum of two (2) lots for use as residence, which should be situated in different municipalities or cities in the Philippines. The total area of these lots should not exceed 1,000 sq. meters for urban land or 1 hectare for rural land. A person who has already acquired urban land is disqualified from acquiring rural land and vice versa	A person may acquire a maximum of two (2) lots for business or commercial purposes, which should be situated in different municipalities or cities in the Philippines. The total area of these lots should not exceed 5,000 sq. meters for urban land or 3 hectares for rural land. A person who has already acquired urban land is disqualified from acquiring rural land and vice versa
Use of land	The land should be used for residence. It cannot be used for any other purpose	The land should be used for business or commercial activities. This includes leasing the land, but excludes buying and selling of the land.

3. In the event of my death, can the property be transferred to my husband or children or both, who are all natural born American citizens?

Yes. Under Section 7, Article XII of the Philippine Constitution, foreigners can inherit land.

4. Are there limitations on hereditary succession?

No. There are no limitations on hereditary succession both with respect to citizenship and size of the property.

5. What do I do to ensure that the title of the land I will purchase is clear or free from any claims of other parties?

You may consult the Register of Deeds in the city or province where the title is registered and examine the registered title itself. Claims and rights of other parties upon the property will appear in the title.

Note that you must examine the title that is actually filed with the Register of Deeds. The title that the owner or seller has may not show claims and rights of other parties, or the list may be incomplete.