Aliens, as a general rule, are not allowed to own real property in the Philippines. By “aliens”, we don’t mean creatures from outer space, but persons who are citizens of other countries. By “general rule”, we mean that there are certain exceptions, and two of such exceptions are discussed below.
The prohibition on foreigners owning Philippine lands is embodied in no less than the Philippine Constitution. This, in fact, is one of the usual reason cited by those who want to revise or amend the Constitution. The Constitution provides:
“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.” (Article XII, Section 7)
It’s clear from this provision that private land may be transferred only to persons or entitles who/which has the capacity “to acquire or hold lands of the public domain.” Those who are qualified to acquire or hold lands of the public domain are as follows:
- 1. Filipino citizens.
- 2. Corporations at least 60% of the capital of which is owned by Filipinos.
In other words, the Constitution explicitly prohibits non-Filipinos from acquiring or holding title to private lands. Among the exceptions are as follows: (1) transfer to an alien by way of legal succession; or (2) if the acquisition was made by a former natural-born citizen. The Constitution provides that:
“Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.” (Art. XII, Sec. 8)
The Supreme Court reiterated this general rule in a recent case (Borromeo vs. Descallar, G.R. No. 159310, 24 February 2009). The Court also reiterated the consistent ruling that if land is invalidly transferred to an alien who subsequently becomes a Filipino citizen or transfers it to a Filipino, the flaw in the original transaction is considered cured and the title of the transferee is rendered valid.
There are other exceptions to the prohibition on aliens owning real property in the Philippines, like full ownership by foreigners of condominium units, but this shall be the subject of future discussions. [See also Ownership of land by former Filipinos]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
personally, i feel this portion of the constitution needs to be amended to attract investors here. FDIs contribute a great deal of help to our surplus of laborers.. i think giving foreigners the security of being able to fully own real estate in our country would be mutually beneficial for us and for the latter.
No. They should not be allowed to own land in the Philippines. It’s not the only way to attract foreign investors. Our resources should be preserved for the citizens of the Philippines. Foreign investors are still given the opportunity to own land if they invest in Philippine corporations and corporations wherein 60% of which is owned by Filipinos.
Goddess how shortsighted an xenophobic you are .I am English ,but live in the Philippines, I have many Filipino friends in UK who own their own houses.There are no restrictions on where or what type. I do not advocate that big corporations should be able to buy great swathes of land, just that the average foreigner should be allowed to purchase up to 1000 sq,m of residential land. If you can do it in my country why would you deny it in yours?
I feel foreigners that are married to Filipinas should be able to own the land the house they built. I know many foreigners that got their land and house legally stolen from their wives. Filipinas use this law to scam the foreigner.
Then i guess all other countries who do allow Filipinos to own land and a home should therefore stop them from owning a house in Australia and the US as the example , seems to me is okay other countries allow Philippine nationals to live or work abroad and are allowed buy land and a house so why cant we here ???
Maybe we here in the USA should prevent you from owning land here in the USA.
No. Because aside from other ways of attracting investors, this would evoke another “rogue-MILF wrecking havok in Mindanao” thing. Historically, when Islam was introduced by the Arabs in some parts of Mindanao those native Filipinos who embraced Islam sold their lands to the settlers, these settlers were Filipino christians and non-muslims. Right now rogue-moros are claiming by force the same land they sold before, their reason is that the land belongs to the Bangsamoro people and that it is their ancestral land, are we going to invoke the same kind of reasoning or may be thinking like the rogue-moros did?.
Another, is that the land area of the Philippines is too small for our increasing population, how much more giving it to foreign ownership. How about the issues on CARP? we hardly share it to our Filipino brothers.
I have an issue here but its not foreign owning a land but an apartment in a high rise building. My partner and I bought a condo unit 3 years ago and when we bought it we clearly stated that his wife must have nothing to do with the ownership of the property but when we got the Title it was a joint ownership by my partner and his wife. We are now planning to buy bigger unit to be solely registered in his name, however, to do this we have to put single in the contract of sale. He has record already in the BIR as married and now about to register a property in his name as Single.
Does BIR required supporting documents e.i. divorce documents if he has to change his status in Philippine as Single? (he is not yet divorce just separated for almost 15 years)
What are the consequences that we may face if found later on by BIR that he still married and put single without supporting documents?
Thanks.
No. Allowing foreigners to acquire lands in the Philippines will drive the price of land higher. This will make it more difficult for most Filipinos to acquire their own.
If we allow aliens to own properties/real properties here in philippines… it’s like allowing america or other countries to own the whole philippines. It’s a big NO.
well you are being very short minded , a Filipino can work in Australia and also the US and can buy land and own a house and many do , so why is it as a foreigner married to a Filipino they can not have the same respect back to marital land ???
Taiwan , Malaysia , Singapore allow such , if other countries allow the many hundreds of thousands of Filipino living or working abroad then surely we entitled to the same respect back and martial rights as a husband , you do not even need be married overseas to a foreigner In US or Australia , even as a single we allow you to buy land and a house ??
Its our law and you should respect it, as well as filipinos abroad respect your law. The only prohibition is to own a land but you can still own a house. There are many things too that filipinos abroad cannot do or not as privileged like compared to natural borns. Stop you comparison shit, your country’s colonialist mindset runs in your blood.
Compare the land area of the Philippines to Australia or the US. Because of the small land are of the Philippines, the overpopulation in cities are no joke. The land prices are colossal compared to the income of an average Filipino family. We don’t have enough land for ourselves more so for foreigners. If foreigners would be allowed to own land, the demand would double, if not triple and so would the prices. Australia and the US can give away 300,000 square kilometer of land to nationals of another country and they would still have much left over. That 300,000 square kilometer of land is all we have.
Hello everyone,
There needs to be a change in the Filipine law relating to foreign ownership of land and property that states to the effect that any foreigner who is MARRIED to a Filipino spouse is ALLOWED to own land and have their name on the ‘title deed’ and enjoy 50% equal share along with their spouse. Whats wrong with that? All western countries automatically grant equal ownership of land and property to married couples, whats wrong with the Filipines ??
The married foreigner is usually the one who pays for the house and land, and yet he is treated by the law like he is a worthless human being.
I can accept that those foreigners who come to the Filipines to have a ‘good time’ only, and who never intend to marry a Filipino national, should not be allowed to own land or property, but why penalize the married foreigners who are moral people and invest in the economy with outdated laws that don’t even give them equal rights ?
This is barbaric !!
I’m a 48yr old single man (and father to 3 grown up sons)from Great Britain, although I’m never sure whether I should call it the UK or be more precise and say Birmingham, England; the latter is where I was both born and have lived all my life.
Anyway, to the point of foreign non Filipino (aka ‘Alien’)exclusive ownership of land, normally in the context of land being a ‘lot’ on which property i.e. a ‘house’ is built.
Q: Do I feel the law needs to change so as to allow foreigners to buy land? ..Yes I do.
That said, I realise that there is already a Filipino majority share rule that allows the possibility of a foreigner to say buy and own a Condominium within a Complex in which a ‘Filipino’ coorperation/body/organisation etc own atleast 60% share value on the said complex. However, a quick look online at available real estate, sees that compared with the cost of say a house (inc. lot and house), the costs involved are greatly disproportionate and highly inflated due to what I can only assume is a cultural premise that ALL ‘foreigners’ have money and can afford to pay!!!
I am actually sympathetic and do understand (and to a point support) the patriotic argument from everyday simple Filipino’s themselves NOT to allow foreigners (the farang) to own outright property/land etc (I quote, goddess on Jun 17th, 2009 at 2:35 am: “Our resources should be preserved for the citizens of the Philippines”]. But my question is, who are these filipino citizens? most I have come across are poor and struggle in life and are often forced to work abroad. For me, given the way of the world and more importantly those reports that are often shared with me by Pinoys themselves about the level of corrupt behaviour in the Phillipines amongst the officials etc, I do wonder who the people are behind these 60% Filipino coorperations? …and can they be said to be the kind of ‘citizens’ goddess and others refer too?
As macrophor Apr 18th, 2012 points out, I too think its widely unfair for a foreigner (as is often the case) to be the one to shoulder the entire cost of buying both lot and land, only to also shoulder 100% risk of losing everything should the relationship with his/her filipino partner sadly fail.
This is the constant dilemma and fear for me since when I meet a Filipina living in the Philippines who I have dreams of oneday being with and by being with help to provide a better life for. Each time I’ve met a nice filipina, it turns out she has nothing in terms of being able to contribute financially to a property (which I would say is the norm, given the low wage to cost of living ratio in what is effectively a 3rd world country aswell as the desire for many filipina to attract a foreign partner).
So for me (and any would be filipina partner), its a relationship breaker for me not to be able to invest and protect that interest in the Philippines, whilst enjoying a loving relationship.
In my humble opinion, not only is the Philippines backward with regards such matters of divorce (i.e. a filipina not being able to be legally free of her estranged, often two-timing husband), but also when it comes to allowing other human beings from around the world to buy and invest fairly and exclusively in land/property; especially in the context of furthering a loving relationship.
Anyway, not sure if I’ve expressed my view fully or adequately for all to understand, but still I hope it resonates with a few guys in my situation, particularly if like me they are not wealthy ‘foreigners’ but have simply worked all their life and still whilst searching for love abroad have kids who would be greatly hurt if their father went abroad, lost everything and returned without a penny/peso.
Best wishes and Gods blessings to ALL (regardless of where in the world they’re from).
I am a foreigner visiting the Philippines. I had a relationship with the city accountant of Dumaguete City for seven years. Believing her to be an honorable person and trustworthy I bought a property foolishly in her name, worth approximately 1.8 million pesos.
I borrowed the money from the city mayor which he loaned to my former fiance. I in turn repaid the mayor in full.
I have a lot of evidence stating from her that she would never steal from me but she has.
Incidentally, I would say that 1 in 4 foreigners I have spoken to have been ripped of in a similar way. I can cite 11 concrete examples of my own. Sadly, I will never ever invest my money or trust in this country again. That’s 120 stand-byes I would have employed, not any more.
A common attitude is “we” as foreigners can afford it! “We” happen to work very hard – not steal like some. Of course not all Filipino are bad but I have to say never again.
Thank you
I am searching about this issue as my bf who is the foreign person would like to buy or be part in the land title so he can save spending for his ticket working in a ship and have his employee pay for it if he has a proof that he is living g here… Apparently, I’m seeing these post which makes me sad that you became a victim of this regulation..I wish.. though I’m a Filipino myself, would like this law to be amended as well…or at least there is something that would secure foreign people living here…with their partner and to avoid situations like this..
The argument that restricting land ownership equals ordinary Filipinos will have a chance to own their own lot is a fallacy.
80% of ordinary Filipinos are so poor they will never be able to buy land regardless of any price. What the restriction has generally done is to keep foreign competition out so the 20% of Filipinos who have money to buy land could amass hectare after hectare at low cost.
Removing restrictions on land ownership should be part of an overall policy of encouraging foreign investment in the Philippines. More foreign investment means more jobs and more competitive pay and working conditions. Of course over time that would also mean fewer people living in poverty willing to work in menial jobs, and those are of course the people who enable the Filipino middle-class to enjoy a life-style unknown to the middle-classes of any developed country.
So does restricting foreign land ownership really protect ordinary Filipinos? Ask a tricycle driver.
Chris