Category: Philippines Property

The Investor’s Lease Act (Republic Act No. 7652): Legal Framework, Leasehold Durations, and Foreign Investment Protections in Philippine Real Estate Under Article XII, Section 7 of the 1987 Philippine Constitution, non-Philippine citizens and foreign corporate entities are strictly prohibited from owning private freehold land.[^1] While designed to protect the national patrimony, this restriction presents challenges …

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Long-Term Residential & Civil Leases: The Legal Framework for Foreign Tenancy Under Philippine Law Under Article XII, Section 7 of the 1987 Constitution of the Republic of the Philippines, foreign nationals and foreign-owned entities are strictly barred from acquiring and holding freehold title to private lands. For expatriates, retirees, and foreign spouses establishing a domestic …

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Condominium Certificate of Title (CCT): Legal Framework, Foreign Freehold Ownership, and Proprietary Rights Under Philippine Law Under Article XII, Section 7 of the 1987 Constitution of the Republic of the Philippines, foreign individuals and alien-owned corporate entities are strictly disqualified from acquiring or holding freehold title to private agricultural and urban lands. For decades, this …

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The Condominium Act (Republic Act No. 4726): Foreign Freehold Ownership and the Legal Architecture of Strata Titles in the Philippines The 1987 Constitution of the Republic of the Philippines reserves private land ownership exclusively for Philippine citizens and domestic corporate entities with at least 60% Filipino capital. This restriction often leads to the assumption that …

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Condominium Ownership and the 40% Foreign Quota: The Statutory Architecture of Freehold Strata Titles in the Philippines In Philippine real property law, few doctrines are as recognized—and as frequently misapprehended—as the constitutional prohibition against alien landholding. Under Article XII, Section 7 of the 1987 Constitution of the Republic of the Philippines, the acquisition and ownership …

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The Anti-Dummy Law (Commonwealth Act No. 108): Nominee Schemes, Criminal Liability, and Asset Forfeiture in Philippine Real Estate The 1987 Constitution of the Republic of the Philippines reserves the acquisition, ownership, and enjoyment of private lands exclusively for Filipino citizens and domestic corporations with at least 60% Filipino capital. For foreign nationals, expatriate retirees, and …

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Hereditary Succession Exception: A foreign national may acquire title to land only through legal (intestate) hereditary succession as a compulsory heir (e.g., inheriting as a surviving spouse or child). Land cannot be transferred to a foreigner via a testamentary will if it bypasses statutory heirship rules.

Constitutional Ban: Under Article XII, Section 7 of the 1987 Philippine Constitution, foreign nationals are prohibited from owning private land. Land ownership is reserved exclusively for Filipino citizens and corporations that are at least 60% Filipino-owned.