Philippine Real Estate Laws

Question about Philippine Real Estate Laws

Leasing land in the Philippines on a long-term basis is an option for foreigners, expats or foreign corporations with more than 40% foreign equity. Under the Investor’s Lease Act of the Philippines, they may enter into a lease agreement with Filipino landowners for an initial period of up to 50 years renewable once for an additional 25 years.

Property Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law (natural-born Filipinos who acquired foreign citizenship is entitled to own up to 5,000 sq.m. of residential land, and 1 hectare of agricultural or farm land).

Filipinos who are married to aliens and able to retain their Filipino citizenship (unless by their act or omission they have renounced their Filipino citizenship.

For Former Natural-Born Filipino Citizens

Any natural-born Philippine citizen who has lost their 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). In the case of married couples, the total area that both couples are allowed to purchase should not exceed the maximum area mentioned above.
Former Filipino Citizens, Balikbayans, and OFWs

Former natural-born Filipinos who are now naturalized citizens of another country can buy and register, under their own name, land in the Philippines (but with limitations in land area). However, those who avail of the Dual Citizenship Law in the Philippines can buy as much as any other Filipino citizen.

Under the Dual Citizenship Law of 2003 (RA 9225), former Filipinos who became naturalized citizens of foreign countries are deemed not to have lost their Philippine citizenship, thus enabling them to enjoy all the rights and privileges of a Filipino citizen regarding land ownership in the Philippines.
How to Gain Dual Citizenship

If you are in the Philippines, file a Petition for Dual Citizenship and Issuance of Identification Certificate (pursuant to RA 9225) at the Bureau of Immigration (BI) and for the cancellation of your alien certificate of registration.
Those who are not BI-registered and overseas should file the petition at the nearest embassy or consulate.

Requirements:

Birth Certificate authenticated by the Philippine National Statistics Office (NSO)
Accomplish and submit a Petition for Dual Citizenship and Issuance of Identification Certificate to a Philippine embassy, consulate or the Bureau of Immigration
Pay a $50.00 processing fee, schedule, and take an “Oath of Allegiance” before a consular officer
The Bureau of Immigration in Manila receives the petition from the embassy or consular office. The BI issues and sends an Identification Certificate of citizenship to the embassy or consular office.

If a former Filipino who is now a naturalized citizen of a foreign country does not want to avail of the Dual Citizen Law in the Philippines, he or she can still acquire land based on Batas Pambansa (BP) 185 and RA 8179, but limited to the following:

For Residential Use (BP 185 – enacted in March 1982):

Up to 1,000 square meters of residential land
Up to one (1) hectare of agricultural of farmland

For Business/Commercial Use (RA 8179 – amended the Foreign Investment Act of 1991):

Up to 5,000 square meters of urban land
Up to three (3) hectares of rural land

For Foreigners

Ownership of land in the Philippines is highly-regulated and reserved for persons or entities legally defined as Philippine nationals or Filipino citizens. For this purpose, a corporation with 60% Filipino ownership is treated as a Philippine national.

Foreigners or expats interested in acquiring land or real property through aggressive ownership structures must consider the provisions of the Philippines’ Anti-Dummy Law to determine how to proceed. A major restriction in the law is the restriction on the number of foreign members on the Board of Directors of a landholding company (which is limited to 40% foreign participation). Another concern is the possible forfeiture of the property if the provisions of the law is breached.

Exceptions to the restriction on foreign acquisition of land in the Philippines are the following:

Acquisition before the 1935 Constitution
Acquisition through hereditary succession if the foreigner is a legal or natural heir
Purchase of not more than 40% interest in a condominium project
Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law (natural-born Filipinos who acquired foreign citizenship is entitled to own up to 5,000 sq.m. of residential land, and 1 hectare of agricultural or farm land).

Land Ownership as a Corporation

Foreign nationals, expats or corporations may completely own a condominium or townhouse in the Philippines. To take ownership of a private land, residential house and lot, and commercial building and lot, they may set up a domestic corporation in the Philippines. This means that the corporation owning the land has less than or up to 40% foreign equity and is formed by 5-15 natural persons of legal age as incorporators, the majority of which must be Philippine residents.

Leasing of Real Estate Property

Leasing land in the Philippines on a long-term basis is an option for foreigners, expats or foreign corporations with more than 40% foreign equity. Under the Investor’s Lease Act of the Philippines, they may enter into a lease agreement with Filipino landowners for an initial period of up to 50 years renewable once for an additional 25 years.

Owning Houses or Buildings

Foreign ownership of a house or building in the Philippines is legal as long as the foreigner or expat does not own the land on which the house was built.
Owning Condominiums or Townhouses

The Condominium Act of the Philippines (R.A. 4726) expressly allows foreigners to acquire condominium units and shares in condominium corporations up to 40% of the total and outstanding capital stock of a Filipino-owned or controlled condominium corporation.

However, there are a very few single-detached homes or townhouses in the Philippines with condominium titles. Most condominiums are high-rise buildings.

Being Married to a Filipino Citizen

If holding a title as an individual, a typical situation would be that a foreigner married to a Filipino citizen would hold title in the Filipino spouse’s name. The foreign spouse’s name cannot be on the Title but can be on the contract to buy the property. In the event of the death of the Filipino spouse, the foreign spouse is allowed a reasonable amount of time to dispose of the property and collect the proceeds or the property will pass to any Filipino heirs and/or relatives.

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Quisque aliquet massa mi, sed ornare dui ullamcorper non. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Duis nec orci ac lorem tempor ultricies. Pellentesque pulvinar nisl pulvinar ex tincidunt, eu gravida lacus auctor. Maecenas finibus eros pharetra, tempus tortor sit amet, faucibus sapien. Donec non nulla posuere, malesuada urna quis, ornare lectus. Nunc gravida, sapien non laoreet consectetur, sem ligula consequat ex, sit amet sodales velit dui a ipsum. Mauris aliquet metus nec dui porttitor, non mattis ex accumsan. Duis gravida diam est, ac molestie erat porta sit amet. Vivamus tortor mauris, aliquet condimentum elit porttitor, consequat malesuada nibh. Duis nec vestibulum nisi, eget dignissim ex

Compare listings

Compare
error: Content is protected !!