CAN A FOREIGNER OR ALIEN OWN LAND IN THE PHILIPPINES? | EFFECT OF MARRIAGE TO A FILIPINO
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- čas přidán 29. 08. 2024
- Can a foreigner own land in the Philippines? Can Foreigner or Alien Spouse Own Land in the Philippines? Do foreigners have a right to own land in the Philippines? How can a foreigner or alien own land in the Philippines? Can you sell land to a foreigner? Expats in the Philippines. Can a foreign expat own land in the Philippines? Can you sell land to an alien? Can a foreigner invest in real estate business in the Philippines? Prohibition on aliens or foreigners in owning land in the Philippines. Can a foreigner married to a Filipino own land in the Philippines? What is the property relation of the foreigner married to a Filipino: Absolute Community of Property or Conjugal Partnership of Gains or Complete Separation of Property? Intestate Succession versus Testamentary Succession. Can a foreigner own land by testamentary succession? Can a foreigner or alien inherit land in the Philippines? Inheritance of land in the Philippines. Inheriting land in the Philippines. Who can inherit land in the Philippines? Can an alien or foreigner be an heir and inherit land in the Philippines? Can an alien inherit real property in the Philippines? Foreigner as a legal heir? Can a foreigner buy land in the Philippines? AFAM or A Foreigner Around Manila, can he or she own land in the Philippines? Foreign investment in the Philippines? Who can own land in the Philippines? How can a foreigner acquire land in the Philippines? Can a foreigner buy a residential lot in the Philippines? Can a foreigner buy a farm lot in the Philippines? Can a foreigner buy an agricultural land in the Philippines? Can a foreigner married to a Filipina buy and own land in the Philippines? Foreigners can own land in the Philippines only in hereditary succession? Can a foreigner inherit land in the Philippines? Can a foreigner invest in real estate business in the Philippines? How to invest in real estate business in the Philippines? Guide for foreigners in land ownership in the Philippines. Tips for real estate in investment. AFAM in the Philippines. Marrying an AFAM, important consideration. Property relations of foreigner married to a Filipino citizen. Can an American citizen own land in the Philippines? Can a British national own land in the Philippines? Can a Japanese own land in the Philippines? Can a Chinese own land in the Philippines? Can a Canadian citizen own land in the Philippines? Can an Australian citizen own land in the Philippines? Real estate business in the Philippines for foreigners? Things to consider when marrying a foreigner. Filipina getting married to a foreigner, property regime and property relations. Land acquired by Foreigner and Filipino spouse, who is the owner? Alien as owner of house and lot, is it allowed? 1987 Constitution prohibits foreigners pr aliens from owning public and private lands in the Philippines. In Matthews vs. Taylor, the Supreme Court state that: “Section 7, Article XII of the 1987 Constitution states: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.1av”. Aliens, whether individuals or corporations, have been disqualified from acquiring lands of the public domain. Hence, by virtue of the aforecited constitutional provision, they are also disqualified from acquiring private lands. The primary purpose of this constitutional provision is the conservation of the national patrimony. Our fundamental law cannot be any clearer. The right to acquire lands of the public domain is reserved only to Filipino citizens or corporations at least sixty percent of the capital of which is owned by Filipinos.” The Supreme Court went on saying, “In light of the foregoing jurisprudence, we find and so hold that Benjamin has no right to nullify the Agreement of Lease between Joselyn and petitioner. Benjamin, being an alien, is absolutely prohibited from acquiring private and public lands in the Philippines. Considering that Joselyn appeared to be the designated "vendee" in the Deed of Sale of said property, she acquired sole ownership thereto. This is true even if we sustain Benjamin’s claim that he provided the funds for such acquisition. By entering into such contract knowing that it was illegal, no implied trust was created in his favor; no reimbursement for his expenses can be allowed; and no declaration can be made that the subject property was part of the conjugal/community property of the spouses. In any event, he had and has no capacity or personality to question the subsequent lease of the Boracay property by his wife on the theory that in so doing, he was merely exercising the prerogative of a husband in respect of conjugal property. To sustain such a theory would countenance indirect controversion of the constitutional prohibition.“
For Foreigners who are former natural-born Filipino citizens and who desire to acquire lands in the Philippines, we suggest that you watch this video:
czcams.com/video/-QhfHOiveXU/video.html
What law applies to the offspring of former natural born Filipino citizens? E.g,. Half Filipinos? is dual citizenship the only option for land ownership? Thanks in advance po
@@suengnyanga7086 It depends if they
child has acquired the Philippine citizenship by birth; that is, if one of the parents was still a Filipino citizen at the time of the child’s birth. Otherwise, the child can neither be considered as a Filipino citizen nor fall under the category of a former natural-born Filipino citizen.
@@YourLawyer hi Atty. Can a child of a former Filipino, example Hans: (half Filipino, half German) inherit land from his former Filipino mother? Example, mother Maria is a former Filipino, now a German citizen. Germany doesn't allow dual citizenship, so she can't be dual. Suppose she inherited 1 hectare of rural land (within the limit) from her parents, can she pass on that land to her German citizen child, Hans? Can the title be transferred to Hans or must he sell it? Is Hans considered as former Filipino or purely a foreigner? When Hans was born, Maria was still a PH citizen. Thanks po in advance.
Diyos ko kinakatakot ko pa naman attorney na mayroon ibang afam hindi titigil kapag hindi niya makuha ang kanyang property. Tapos mayroon din ibang Filipino na panay solsol na feeling concern sa afam pero hindi natin alam sobrang bait ang afam ay pera lamang ang kapalit niyang ibigay? at para kunbinsihin namakuha niya 💯 percent ang property at kahit hindi naman sa kanya nakapangalan. Ako na lamang naaawa sa afam pero wala akong magawa ay dahil pinaniwalaan niya ang ibang Filipino. I salute you Attorney sa videos niyo ay sobrang nakakatulong po ito sa batas ng Pilipinas.
More on this please 🙏
Yes , very interesting and educational , so much to learn still in the Filipino laws and doctrine . Thanks .
Thank you po sa advice ninyo attorney! you help a lot Filipino citizens it's because of this kind of problems ,i wish you contenue ur program.
The resort is a business if it is registered as such and I assume that a foreigner can be a part owner with a filipino in doing business in the Philippines. So I think the Briton has the right to at least object or take part in the lease agreement.
It may be law that he cannot own the property but if he or she paid for the property and his or her spouse left for whatever reason he or she is not able to be reimbursed then it is legal theft.
Thankful for your enlightening topic Atty mabuhay po kayo , watching here in South Carolina USA
Thank you! 😍 Stay safe po.
thank you for sharing
More of this please
Hello, Attorney! Can you make a video po about what legal benefits will marrying a Filipina bring to a foreigner? Will they be allowed to live permanently in the Philippines now that they are married to a Filipina, etc... Thanks and more power!
Thank you so much for this information, Attorney. ❤
Thank you for this informations
So if a Filipina marries a foreigner and they build a house on land she bought. Then the Filipina dies, what will happen to the land? Do they have to give it to a relative?
Hi. If the couple has a child/ children, then the child is the legal heir of the property (house & lot). If no child, the foreigner is the legal heir but he must sell the property "after a short amount of time". Usually, the property is sold to relatives of the Filipina. If they're on good terms, he can make arrangements to stay in the house or within the property (smaller structure) until his lifetime.
Phil law about owning a property in the Phil is too unfair for a foreigner or naturalized citizen while American law permits any immigrants to buy a house, won’t that be unfair, i find it very ridiculous
It is.. it is. But at the same time the law protects the land in the Philippines because unlike America, it is small. If they let foreigners to own land, then the rich foreigners will come and buy all the good land that Filipinos can't afford, and then nothing will be left for them. Then, the Filipinos will be foreigners in their own country.
Pano din po atty. yung ibang mga Foreigner na nakatira dito sa ating bansa pure foreigner sila pero naka bili ng property diba gaya po ng sabi ninyo bawal sila bumili at mag my ari ng mga lupain dito kasi alien sila at Foreigner. ano po ang pwede mangyari sa land property na binili nila kung sakali po? meron kasing ibang mga pinoy lalo sa mga provinces na nag mamay ari ng lupain tapos binibenta nila sa mga Foreigner na gusto tumira dito sa ating bansa. na hindi alam ng Foreigner na bawal sila mag may ari ng mga lupain natin. yung iba kasing mga pinoy nag te take advantage sa mga Foreigner kasi alam nila meron pera at intirisado sa property nila. ang kakawa yung Foreigner kasi hindi nila alam na wala silang karapatan mag my ari. ano pwede mnagyari sa property nila na nabili?
Atty advice po. Iam a natural born Filipino and now married to foreigner. And a british citizen. Do I need to renounce my citizen first to buy a house and lot in Phils. Which only under 1000sqm.?
Ayos Po aTTy
Hello po Attorney, meron din po akong afam from British, X fiance ko na po siya. Meron po kaming nabiling property dito sa Pilipinas at hindi pa po fully paid. Ngayon pursigido niya kunin ang kanyang pera at mga bagay na naipundar niya dito sa aming bahay. Gusto niya akong kasuhan. Ano po ang dapat kung gawin Attorney?
Atty. what if the Filipino citizen married to a foreigner pass away? Will the family of the Filipino citizen have the right to take their property or the foreigner spouse will have the full legal rights with all their property including the land?
Hello po Attorney, let me asked you po at kahit hindi po kasal at nakapangalan parin ang property sa Filipina ay wala din po talagang karapatan makuha ng afam ang property? Thank you 😊 and God bless po!!!
Pero atty. kung halimbawa kasal na yung Foreigner sa Filipina or Filipino tapos hindi naman sila nag hiwalay, may karapatan nadin ba makabili ng land property ang Foreigner nyan at mag may ari ng mga land na gusto nilang bilhin? kasi diba kung mapapansin nyo po ngayun meron ibang mga kilala na Foreigner na vlogger na nakapag asawa dito sa Pinas at meron na silang mga nabili ng land property my karapatan naba ang Foreigner dyan kung gusto pa nilang bumili at dagdagan ang property nila?
Kapag yong foreigner naging filipino citizen na sila dito, pwede na po siya makabili ng property kahit Korean Nationality pa siya?
Hello po atty. pag po pinay at german may ari ng property..gusto po ibenta n ni pinay property kasi patay n po german at lilipat ng titahan ..nkalagay po sa titulo e Pinay “maried to” German..ang sabi po ni buyer di clean ang titulo need daw mg byad ng state tax at ipa pangalan muna sa pinay ang property..di po donation ang property at napanuod ko din po yung vlog nyo about “spouse vs married to” maliwanag n kay pinay lang yung property pero iginigiit ni buyer na di clean ang titulo at need pa isalin muna sa babae yung titulo..sana po masagot or mapaliwanagan nyo po ako..pra if may legal action n dapat gawin maumpisahan ko na..salamat po
Hi! Po what if the owner of the house and lot is Filipina and naaquired po nya Ang property here in the Philippines before their marriage of his German husband.Sole owner p Rin po b Ang Filipina and wla Po b rights Ang husband if ever po n ibenta nya Ang property nya?thanks po sna msagot
Attorney good evening po..pidi mag tanong po? pag ang foreigner na asawang lalaki ay namatay tapos may utang sa bansa nila…pidi ba kunin nang bansa nila ang na biling property gaya nang house and lot nila mag asawa dito sa pinas..para pambayad sa utang nang asawang lalaki sa bansa nila? Pidi ba kunin ang ari - arian nila dito sa pinas po? Sana mapansin ang comment ko. Thank you, very much po.
Hello po tanong ko lang po kung may karapatan po pa ang foreigner sa land kc po sa situation ko ang sa land title name ko at may married to sa asawa kung foreigner. Plano ko po kc na ibenta ang bahay kaso sa title nakalagay din ang name ng asawa ko
Hello Po atty. Meron Po akong property na inaayos.. nakaregistered owner Po duon ay
Si Maria(Canadian citizen-filipino) married to Juan (afam tas namatay na)
How about Filipinos who have another citizenship (not dual) who buys/ own lands in the Philippines? Are they considered foreigners?
I suggest that you watch this video po:
FILIPINO DUAL CITIZENS, FOREIGNERS & FORMER FILIPINO CITIZENS | LAND OWNERSHIP IN THE PHILIPPINES
czcams.com/video/-QhfHOiveXU/video.html
Mayroon na po ba na bagong law about sa foreigner na asawa ay filipino? Conjucal property po b yon?
Please clarify my family situation…..all five children are American citizens and live in the USA for 30 yrs with no intention of returning back to the Philippines. Three of the kids are gays and have no kids and the two has their families. Here is my question: if the three of us who are gays and single dies, can the property that my parents own go to the families & siblings that are married? We have consulted our lawyer and he created a trust and testament stating that in any case one of the three dies that he can transfer the ownership to the remaining single family members. By the way the two siblings with their father are not in speaking terms for 30 yrs till current due to personal issues. Please advise…..
A will is your legal way to determine who receives your property on your demise. Since you already have it (trust and testament), you should be good. But if you are referring to a property situated in the Philippines, having your will probated in advance in the Philippines while you are still alive is a good idea. That way, you will already have the assurance that your will shall be followed in the settlement of your estate.
good afternoon po.. tanong ko lang po sana .. paano po kung ang name pareho pati ng foreigner nakalagay po sa tittle? kailangan pa rin po ba ng pirma ng foreigner kung sakaling ibebenta? salamat pog
Atty tanong ko po. Japanese national na may Filipina mother, Filipino po ba siya or foreigner. Ano po basis?
Hi! This is what I found from the Japanese embassy website:
“2. Please be aware about the loss of Japanese nationality for a newborn.
If one or both parents are Japanese nationals (or if an acknowledgement of prenatal paternity [Taiji Ninchi] has already been submitted for a child born between a foreign mother and Japanese father out of wedlock), the child born will have Japanese nationality by birth.
However, if a child born abroad also acquires foreign citizenship by birth, a Birth Registration indicating an intention to reserve Japanese nationality must be submitted within 3 months or the child will lose Japanese nationality retroactively from the time of birth (Nationality Law Article 12).
Counting from the birthdate, the deadline for the Birth Registration will be one day before they turn 3 months old. For example, the Birth Registration for a child born on April 1st will have a deadline one day before July 1st, which is June 30th. July 1st will be past the deadline, so please submit without delay.
If the Birth Registration could not be submitted on time, the child has lost Japanese nationality. However, the child (while still a minor) can live in Japan and apply to acquire Japanese nationality at the Legal Affairs Bureau that has jurisdiction over their residence (Nationality Law Article 17(1)).
If the registration could not be submitted within 3 months due to a long-term halt of traffic and mail delivery caused by natural disasters and such and there were no other means to submit the registration, an individual review may determine that the reason is not attributable to the submitter. In such instances, the Birth Registration may be accepted and the Japanese nationality may be recognized.”
According to the Japanese Embassy Website:
“3. If you have multiple citizenships other than Japan, please choose a nationality.
The Japanese Nationality Law is based on the principle of single nationality, so if you have Japanese and foreign citizenship and became a dual (or more) citizen before age 18, you must choose a nationality by age 20 or if you became a dual citizen after age 18, you must choose a nationality within 2 years (Nationality Law Article 14(1)).
To choose Japanese nationality, you have the option to either renounce your foreign citizenship or declare Japanese nationality.
If you renounced your foreign citizenship in accordance with the law of that country, attach the renunciation certificate and submit the Foreign Denaturalization Registration to the municipal office, Japanese Embassy or Consulate. For information on renouncing your foreign citizenship, please consult the government, embassy, or consulate of that country.
To declare Japanese nationality, you will need to submit a Declaration Registration with intent to “choose Japanese nationality and relinquish foreign citizenship” to the municipal office, Japanese Embassy or Consulate.
To declare foreign citizenship, you have the option to either renounce your Japanese nationality or declare foreign citizenship.
To renounce your Japanese nationality, you must submit the Renunciation Registration along with all required documents including the Koseki Tohon to submit to the Legal Affairs Bureau, Regional Legal Affairs Bureau, Japanese Embassy or Consulate that has jurisdiction over your residence.
If you declared foreign citizenship in accordance with the law of that country, attach the certificate of declaration and submit the Denaturalization Registration to the municipal office, Japanese Embassy or Consulate.
Although the Japanese Nationality Law sets a deadline to choose nationality, please keep in mind that you are still obliged to choose even after this deadline.”
@@YourLawyer Atty. Therefore she is a foreigner and not a Filipina although her mother is a Filipina? Is she categorized as a “former filipino” or a foreigner Atty?
How can a foreigner married to a Filipino lady own real property together legally in the Philippines?
The foreigner can own a condo unit, not land. If the foreigner buys land with his Filipino spouse, the title will be as such: Maria Cruz-Smith, Filipino national, married to John Smith, British national. The "married to" is a description only, John is not a co-owner of the land. If both were Filipino citizens, the title will say: spouses Juan Cruz and Maria Reyes-Cruz, Filipino nationals = meaning, both co-own the land. As a foreigner, you can lease land for 25 or 25+25 years. You cannot lease land from your spouse. Consider those things if you'll buy land/ property with your spouse = you must trust her enough. You can also consult a lawyer & ask to make a legal agreement (signed by both parties) as to what hapoens to the property in case the relationship ends.
I am Filipino. I changed my name when I got naturalized. Will it be a problem if I purchase a property in the Philippines under my Philippine name? Need your advice.
Same situation here din. Wala namang sumasagot.
Attorney ask for advice po... I owe money from bank and I issue check.. because of pandemic, I wasn't able to pay them... Would I be put in jail?
What will be my consequence?
Please need ur advice po.
Heloo new subscriber po ako may tanung po ako atty. Sana po mapansin nyo may possible po mapa rentahan po ba ng unang husband ko yung bahay namin kasi nasa ibang bansa po ako pero ako po nag asekaso lahat mga taxes bayarin 2018 po siya umalis bigla po siya bumalik 2024 kasi nasa overseas po ako pero napaayos ko po yung bahay lahat ready to rent po ngayun po sabi ng sister ko ipapa rent niya yata yung house hindi pinaalam sa akin .
Good day po attorney..
May Tanong po Ako
Eh Kung si jowa pong foreigner ang mag fifinance ng pag bili ng property pero si jowang Filipino ang ipapangalan sa property eh pwede po ba yun?
Pwde PERO sabihin kay BF na foreigner to consult a lawyer and make a legal agreement as to what hapoens to the property in case the relationship ends.
Hi Atty, paano kung filipino citizen nung nabili ang lote then later on after several years naging australian citizen. Thank you po
One doesn’t lose ownership of a piece of land simply because he/she got naturalized as a citizen of a foreign country. In fact, former Filipinos can acquire land in the Philippines. I discussed this matter in these videos:
FILIPINO DUAL CITIZENS, FOREIGNERS & FORMER FILIPINO CITIZENS | LAND OWNERSHIP IN THE PHILIPPINES
czcams.com/video/-QhfHOiveXU/video.html
FILIPINO DUAL CITIZEN | NO LIMITATION ON LAND OWNERSHIP IN THE PHILIPPINES?
czcams.com/video/G7x-bZiUp_g/video.html
Hello Attorney, tanong ko lang po, may binili po kc sister ko na lot sa Cavite in the process na po kami sa pagpapa transfer ng title sa pangalan nya sa Registry of Deeds. Tanong ko lang po kung kailangan po ba mag submit ng notarized AFFIDAVIT OF CITIZENSHIP FOR BATAS PAMBANSA BLG. 185 kapag ikaw ay natural born Filipino but now Canadian citizen. Requirements po daw ito ng Registry of Deeds. Thank you
Yes. Required po yung Affidavit na yun kung former Filipino cya at hindi dual citizen. Kung mag dual citizen cya, di na po kailangan yung Affidavit.
Hello po
Sir paano po Yung mga foreigner na nagpa dual citizenship foreigner sa likas na status at nagpa pilipino citizen paano po yon? Ibig ko po sabihin ay American na pilipino pa siya paano po yon pwede ba siya bumili ng lote sa rural and urban areas?
Yes, as long Filipino citizen po.
Good evening po, tanung ko lang po sana kung hal po ang pinay na asawa ay namatay na, pwede po ba mapunta sa asawa nya na foreigner ang lupa na napundar.
Paano po ba ggawin para mapunta sa foreigner na husband ang napundar na lupa?
The foreign husband can inherit the property from a deceased Filipino wife. The heirs must execute a Deed of Extrajudicial Settlement of Estate. If only one heir, Affidavit of Self Adjudication.
I got my AFAM online
Our best wishes go to you. 😍
Hello Attorney good day po.mai tanong ako.born philippines ako at nakapag asawa taga Australia at naging Australian citizen,hindi po ako dual. Puwede ba akong mag open bank account sa pilipinas?
Yes po.
Paano po Attorney. Kasi 10yrs ago, I was about bibili nang house & lot sa pinas hulogan pero kailangan direct debit sa banko dyan sa pinas. Nang nag open ako nang bank account dyan, hindi ako pinayagan dahil hindi na daw ako Pilipino,dahil Australian na ako.gusto sanang maka pag ipon nang pera sa pinas while dito pa ako sa Australia.Attorney gusto ko sana manirahan sa pinas pag mag retired na ako.at aayusin ko ang dual soon bako mag retired
Aak klng po.....ung tita kp my foreigner husband wla po vlng anak, tpos my property po cla dito pinas. Unfortunately nmtay p ung tita ko, ngaun gusto ng foreigner husband n ibenta ung property.... legally pwde pb syang magbent or mgsign ng deeds of sell?....salamat s sagot
Oo naman. Siya nagmamayari doon.
Pwede po ba mag own 100% ang foriegn husband ng resort? If may kapital sya 200,000 USD?
Owning a resort practically involves owning a land. This, a foreigner cannot do under the Philippine law, except through hereditary succession.
Hi po. Dual citizenship po ako ng New Zealand.yong asawa ko po ay hiniwalayan ako para makuha yong pera na binayad nya sa house namin sa Pilipinas. May rights po b sya na sabihin sa akin na ibenta yong haus para makuha nya yong pera nya? Yong haus po ay di pa fully paid. May rights b yong anak nya na magmana ng parte nya? Pls help po. Conjugal property po b yon? Yong title po ay nasa name ko n it says married to my husband name.
Hi Josie! If your husband is a foreigner, that property that you bought during your marriage cannot be considered as a conjugal property or absolute community property. I discussed this matter in this video:
czcams.com/video/fq3iKtHn05o/video.html
Pa advise naman po about land dual citizen po sya.. Ung kapatid ko po Meron. Sya binili Lupa sa same city isang 150sqm and 300sqm both Residencial.. Ung 150sqm meter po meron na tittle then 300sqm for release n lng po ang tittle tapos na hold po kc nakita sa record na dalawa ung property nya sa same city bawal po ba un
Hindi naman bawal kung dual citizen sya.
New messages for foreigners, but you're speaking Tagalog and English kind of funny, no.
Good am Atty., till now I’m still waiting for your reply I need a consultation po? What’s your main number, office, fax, any website or email address so that o can contact u po, thanks
Hi there! You can drop me a message using the contact form at www.simtimlaw.com .