Can a former Filipino own land in the Philippines?
This question is answered by many Overseas Consulate websites with wording similar to this:
Former natural-born Filipinos can own property in the Philippines, subject to limitations prescribed by Philippine Republic Act 8179 (residential property up to 1000 square meters of urban land or one hectare of rural land) and Batas Pambansa 185 (business property 5000 square meters of urban land or three hectares of rural land).
That example from: www.philippineconsulate.com.au
It is also answered by a Philippine Government website with the words:
Filipinos who re-acquire Filipino citizenship under this Act may once again enjoy full civil, economic and political rights under existing laws of the Philippines. Among these are:
– right to own real property in the Philippines
The above is from: Office of the President of the Philippines – Commission on Filipinos Overseas
Some Overseas Consulates refer to Batas Pambansa Bilang 185 as the law that gives this ownership.
Under Batas Pambansa Bilang 185, a natural born Filipino who has lost his/her Philippines citizenship may acquire private urban or rural land in RP for residential purposes — up to a maximum area of 1,000 sq.m. in the case of urban land or hectare in the case of rural land.
However, I have highlighted a very specific rule above, and this is emphasised under Sec. 7 of that act:
The transferee shall not use the lands acquired under this Act for any purpose other than for his residence.
Violations of this Section, any misrepresentation in the sworn statement required under Section 6 hereof, any acquisition through fraudulent means or failure to reside permanently in the land acquired within two years from the acquisition thereof, except when such failure is caused by force majeure, shall, in addition to any liability under the Revised Penal Code and deportation in appropriate cases, be penalized by forfeiture of such lands and their improvements to the National Government. For this purpose the Solicitor General or his representative shall institute escheat proceedings.
This can be seen at: Commission on Filipinos Overseas: http://invest.cfo.gov.ph/pdf/part2/land-acquisition-and-ownership.pdf
and at:
Chan Robles Virtual Law Library: http://www.chanrobles.com/bataspambansabilang185.htm
The laws define former Filipinos as citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship, who lost said Philippine citizenship, and who have the legal capacity to enter into a contract under Philippine laws.
Summary:
It seems that FORMER Filipinos, who have lost their Citizenship, ARE able to buy land in the Philippines, on condition that it is for their residential use only.
Those that break that rule may have that land forfeited to the Philippine Government.
In my opinion, any former Filipino citizen moving back to the Philippines to live in residential property bought for that purpose may aswell apply for their Filipino citizenship back. It only costs PHP 3,010 (Last changed March 2014), and is an easy process.
I’m former Filipino! Can you still own a property for residential purpose while living abroad and only use the property in the future for retirement? My Philippine family will be living there is it legal?
Thank you!!!
For personal use, I am pretty sure that you can, up to a certain size in land.
Balikbayans seeking to purchase property in the Philippines have to abide by certain limitations as per the laws of the government. Despite the restrictions, Balikbayans generally are allowed to buy and register land bought in the Philippines under their own name. However, there are limitations to how much they are able to purchase.
For Filipinos who hold dual citizenship are able to purchase as much lands as a Filipino citizen under the Dual Citizenship Law of 2003.
https://suntrust.com.ph/blog/balikbayan-guide-purchasing-property-philippines
and..
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
https://kittelsoncarpo.com/property-ownership/