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."
Manny
Dimalanta Fider
Licensed Real Estate Broker
Office
Address
11 Military Cut-off Road
Baguio City, Philippines
Fax (6374) 447-1271
Tel. (6374) 442-2512
Mobile +63926-934-9407
or +63917-5068369
Email
us
