Dear PAO,
I was born and raised in the Philippines. My parents are both Filipinos at the time of my birth and up to this moment.

However, I migrated to the United States when I was about 20 years old and became a naturalized US citizen some five years after. Am I allowed to acquire a residential lot in the Philippines?
XM
 
Dear XM,
As a rule, the acquisition of alienable public and private lands in the Philippines are reserved to Filipino citizens only (Section 2, Article 12, 1987 Constitution). Except in the 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 (Sec.7, id.). A different rule, however, shall apply to former natural-born Filipinos who later became naturalized citizens of another country. Sec. 8, Article 12 of the 1987 Constitution provides that notwithstanding the provisions of Sec. 7 of this Article, a natural-born citizen of the Philippines who has lost its Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 5 of Republic Act 8179 sets forth the maximum area of land, which may be acquired by foreigners who are former natural born Filipinos, to wit:

“SEC. 5. The Foreign Investments Act is further amended by inserting a new section designated as Section 10 to read as follows:

”SEC. 10. Other rights of natural-born citizen pursuant to the provisions of Article 12, Sec. 8 of the Constitution. - Any natural-born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine Laws may be a transferee of a private land up to a maximum area of five thousand [5,000] square meters in the case of urban land or three [3] hectares in the case of rural land to be used by him for business or other purposes. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.

In case the transferee already owns urban or rural land for business or other purposes, he shall be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized.

A transferee under this Act may acquire not more than two [2] lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided, That the total land area thereof shall not exceed five thousand [5,000] square meters in the case of urban land or three [3] hectares in the case of rural land for use by him for business or other purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.

You are undeniably a former Filipino citizen for having been born to your parents who are both Filipinos. Hence, even if you are now a naturalized US citizen, you are still allowed to acquire residential lots in the Philippines, subject only to the limitations set forth above.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.