Property ownership of former Filipinos

Property Ownership by Former Filipinos

The Citizenship Retention and Reacquisition Act of 2003 allows overseas Filipinos to retain their citizenship, own property in the Philippines and enjoy the other rights of a Filipino citizen in the Philippines.

Here are the pertinent provisions of R.A. No. 8179 on ownership of land in the Philippines by former Filipinos. (Source: Consulate General of the Philippines, Toronto CIRCULAR NOTICE)

For the information and guidance of Canadian citizens who are formerly citizens of the Philippines, quoted herewith are pertinent provisions of Sec. 5 of Republic Act No. 8179 concerning ownership of land in the Philippines by natural born Filipinos who lose their Philippine citizenship pursuant to the provisions of Article XII, Section 8 of the Philippine Constitution:

"SEC. 5 The Foreign Investments Act is further amended by inserting a new section designated as Section 10 to read as follows:

"SEC. 10. Other Rights of Natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution.

– Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under the Philippine laws may be a transferee of a private land up to a maximum area of five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. 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 land or rural land for business or other purposes, he shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized.

"A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided, That that the total land area thereof shall not exceed five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land for use by him for business of other purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa."

Also quoted herewith are the additional requirements for registration of ownership of the aforesaid land as published by the Commission on Filipino Overseas in its Handbook for Filipinos Overseas:

"In addition to the requirements provided for in other laws for the registration of titles to lands, the transferee will have to submit to the Register of Deeds of the province or city, where the property is located, a sworn statement showing the following information: date and place of birth; names and addresses of parents, of spouse and children; area, location, and mode of acquisition of landholding in the Philippines, if any; intention to reside permanently in the Philippines; date he lost his Philippine citizenship; and country which he is presently a citizen."