Real Estate Ownership in the Philippines
In this article, we hope to educate you on the fundamentals of real estate ownership in the Philippines. This will become a useful guide to foreigners, former Filipinos, and Filipinos alike who want to own a real estate in the Philippines.
The right to own a real estate in the Philippines is embodied in the Philippine Constitution and other related laws. Refer to the summary below to see if you have the legal right to own a property in the Philippines.
1. Only Filipino Citizens, Partnerships and Corporations
If you are a true Filipino Citizen, you have all the legal rights to own a property here in the Philippines. Partnerships and Corporations of at least 60% Filipino-owned may also acquire real estate properties.
2. Foreigners Can Also Own
And this one is very important, so read further if you are a foreigner.
- Foreigners who acquired land before the 1955 Contitution took effect may retain ownership of such land.
- Foreigners may acquire land in the Philippines if the acquisition is by hereditary succession provided they are legal heirs.
- Foreigners may own condominium units, but the number of units acquired must not exceed 40% of the total number of units.
3. Filipinos married to Foreigners
A Filipino (and also Filipina) who marries a foreigner retains his (her) citizenship and therefore may own real estate properties in the Philippines. Such properties are considered conjugal properties.
4. Former Filipinos
- Former Filipinos retain ownership of their properties acquired at the time of their Philippine Citizenship. After the loss of their Philippine Citizenship, they cannot subsequently acquire another land by hereditary succession. They may own houses, but the land upon which it stands may only be leased by them.
- Former Filipino can still own land limited to 1,000 sq m in urban areas or not more than 10,000 sq m for rural lands.
- Filipinos who contracted to by real estate on installment basis and subsequently lost their Philippine Citizenship before the properties were fully paid can longer have the title be issued in their names.
