RULES OF ACQUISITION OF OWNERSHIP IN THE PHILIPPINES

RULES OF ACQUISITION

Rule No. 1  General Rule 
Only Filipino Citizens and corporations or partnerships at least 60% of the capital of which is owned by Filipinos are entitled to acquire land in the Philippines.

Rule No. 2  As Exception to the general rule, alien acquisition of real estate in the Philippines is allowed in the following cases:
  • Acquisition before the 1935 constitution;
  • Acquisition thru hereditary succession if the foreigner is a legal heir.
  • Purchase of not more than 40% interest in a condominium project;
  • Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law (Batas Pambansa 185 and R.A 8179).

Rule No. 3  A Filipino who married an alien retains her Philippine citizenships (unless by her act or omission, she is deemed to have renounced her Philippine citizenship) and may therefore acquire real estate in the Philippines.
 
Rule No. 4  For former natural born citizen, the maximum area that may be acquired is as follows:
  • For residential purpose – 1,000 square meters of urban land or one (1) hectare of rural land (BP 185)
  • For business or other purpose – 5,000 square meters of urban land or three hectares of rural land.(RA 8179)
  • In case of married couple, one or both of them may avail of the privilege, provided that the total acquisition shall not exceed the maximum area allowed.

Rule No. 5          
  • A transferee of residential land under BP 185 may still avail of the privilege granted under RA 8179.
  • A transferee who already owns urban or rural land for residential purpose, may acquire additional urban or rural land for residential purpose which, when added to that already owned by himself not exceed the maximum area allowed by law.
  • The same privilege applies to a transferee who already owns urban or rural land for business purposes.

Rule No. 6
  • A transferee may not acquire more than two urban or two rural lands which should be located in different cities or municipalities.
  • A transferee who has already acquired urban land for residential purpose shall be disqualified to acquire rural land for residential purpose and vice versa. The same rule applies to a transferee of land for business purpose.

Rule No. 7  Dual Citizenship means having two citizenships and passports from two different countries. Dual citizenship allows the citizenship holder full rights of possession of the Philippine real property.

Rule No. 8
  • Foreign nationals or corporations may completely own a condominium unit or townhouse.
  • To take ownership of a private land, residential house and lot, and commercial building and lot, foreign nationals or corporations should form a Philippine Corporation. The corporation is to be 40% foreign –owned (maximum) and 60% Filipino-owned (minimum), and with at least five (5) incorporators.

Rule No. 9  Foreign national and or/corporation may enter into lease agreement with Filipino landowners for an initial period of up to 50 years and renewal for another 25 years.

Do you have any questions?

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