1. The property was acquired during the 1935 Constitution. There was no prohibition yet on foreigners acquiring land in the Philippines.
2. The property was acquired through hereditary succession. The property may have been acquired by a Filipino ancestor then passed on to a foreigner or it was acquired by a foreigner under the 1935 Constitution.
3. Foreigners can own condominium units under a condominium certificate of title (CCT) as long as at least 60% of the whole condominium corporation is Filipino owned. Why? Because it is a corporation.
4. If the property was bought by the owner when he or she was still a natural born Filipino citizen.
5. Former natural born citizens can own urban land not more than 1,000 square meters; for rural land, it must not exceed 1 hectare and must be used exclusively for residential purpose in accordance with Batas Pambansa Bilang 185.
For married couples, one or both may own land under his or her name as long as the total area of the combined property shall not exceed the foregoing.
6. Under the Dual Citizenship Law of 2003, natural born Filipinos who eventually lost their Philippine citizenship to another country because of naturalization may regain their Filipino citizenship after swearing allegiance to the Philippines. After the reacquisition of the Philippine citizenship, they are again considered as citizens and may own real property without any constraints.
7. Foreigners may own houses or buildings but not the land. A foreign individual or corporation may only lease land. Such lease shall be for 50 years and after which, it is renewable every 25 years.
8. Foreigners who are married to Filipinos does not include in their conjugal properties land. The land remains to be paraphernal property of the Filipino.
How Foreigners Can Acquire Land in the Philippines
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- Category: Property, Ownership and Its Modifications