Foreigners Can Own Land In The Philippines With These 5 Exceptions!

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So here is what we know. Foreigners can own a condominium unit so long as 60% are owned by Filipinos 
This is stipulated in section 5 of REPUBLIC ACT No. 4726 or the Condominium Act. 
So, if you’re a foreign citizen that is looking to purchase and own land here in the Philippines, or a real estate agent that has foreign clients, I’m going to show you 5 Ways Foreigners Can Buy and Own Land in the Philippines
First one is through a corporation.
This is a valid and legal loophole used by foreigners looking to own land in the Philippines. This simply requires the establishment of a company to be registered with the Securities and Exchange Commission (SEC). Although, they will not technically own the land, Foreigners may indirectly purchase and own it through a corporation without violating the constitutional prohibition so long as Filipinos must still have majority ownership, and that’s at least 60% stake of the corporation, per section 7, article 12 of the 1987 constitution.
Foreign investors may also consider entering into a long-term lease of private lands instead. Subject to certain conditions, a foreign investor may lease a private land for a period not exceeding 50 years, renewable once for a period of not more than 25 years.

The second way is through marriage to a Filipino.
If a foreigner is married to a Filipino citizen, the foreigner is allowed to buy land but — Because of the constitutional prohibition, however, the title to the land called the TCT or Transfer Certificate of Title can only be registered to their Filipino spouse. The foreigner’s name may be included in the Contract or Deed of Sale, but it cannot be in the TCT or land title.
This is another exception. A foreigner can legally buy and own land if he or she was a natural-born Filipino. 
The Philippine Constitution defines a natural-born Filipino as a “citizen of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”
Specifically, the following people are classified as natural-born Filipinos:
A citizen of the Philippines at the time of the adoption of the 1987 Constitution.
Born after January 17, 1973, whose fathers or mothers are citizens of the Philippines at the time of their birth.
Born before January 17, 1973, may be born anywhere in the world, to a Filipino father; or to a Filipino mother and that person elects Filipino citizenship upon reaching the age of majority (which is 18 years old)
Naturalized under the Philippines’ Naturalization Law.
A citizen of the Philippines who married a foreigner but have not renounced their Filipino citizenship
Those who acquired Dual citizenship.
Those who acquired Derivative (origin or descent) citizenship like the unmarried child, legitimate or not or adopted, below 18 years of age, of those who re-acquired Philippine citizenship upon effectivity of RA 9225 or the Citizenship Retention and Re-acquisition Act of 2003.

The 4th exception that foreigners can own land in the Philippines through hereditary succession.
Acquisition by hereditary succession simply means that a foreigner can acquire land if he or she is a legal heir of a Filipino who owned it, and who died without a will (intestate succession). Articles 978 to 1014 of the Philippine Civil Code enumerate the order of hereditary or intestate succession as follows:
(1) legitimate children or descendants of the deceased.
(2) in default of above, legitimate parents or ascendant.
(3) illegitimate children or descendants.
(4) surviving spouse;
(5) brothers and sisters;
(6) other collateral relatives within the fifth degree; and
(7) the State.

The last exception is thru acquisition before 1935 Constitution. 
This is straightforward. A foreign citizen who was able to purchase and own land prior to the enactment of the 1935 Philippine Constitution will retain his or her ownership rights on that property.
Prior to the 1935 Constitution, there was no law prohibiting foreigners from owning lands in the Philippines. 
It was only in the 1935 Constitution that the reservation of land ownership to Filipinos first made its appearance. Section 5, Article XII of the 1935 Constitution reads:
Save in cases of hereditary succession, no private agricultural land shall be transferred or assigned except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines.

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