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SET UP WHERE 60% MUST BE OWNED BY FILIPINOS. ALTHOUGH IT IS<br />

CLEAR FROM OUR LAWS THAT FOREIGNERS ARE NOT ALLOWED TO<br />

OWN LAND AND THEIR OWNERSHIP OF OTHER FORMS OF REAL ESTATE<br />

PROPERTIES IS LIMITED, THESE RULES ARE SUBJECT TO CERTAIN<br />

LIMITATIONS. FOREIGNERS MAY ACQUIRE AND BUY REAL ESTATE<br />

PROPERTY IN THE PHILIPPINES UNDER THE FOLLOWING CONDITIONS:<br />

1. <strong>The</strong> property was acquired under the 1935 Constitution.<br />

2. Acquiring real property through hereditary succession.<br />

This means that a person (not Filipino) inherited the property or land which may<br />

have been acquired under the 1935 Philippine Constitution.<br />

3. Not more than 40% of the units of a condominium project.<br />

4. If the property was bought by the owner when he or she was still a natural<br />

born Filipino citizen but subject to the restrictions provided by law.<br />

5. For former natural born citizens, the ownership of an urban land shall be<br />

limited to 1,000 square meters while for rural land, it must not exceed 1<br />

hectare and must be used exclusively for residential purpose in<br />

accordance with Batas Pambansa Bilang 185.<br />

For married couples under this rule, one or both may own land as long as the total<br />

area of the combined property shall not go beyond the maximum limit.<br />

For Filipinos who married a foreigner, Philippine citizenship is not automatically<br />

relinquished. Under Article IV Section 4 of the Philippine Constitution, “Citizens<br />

of the Philippines who marry aliens shall retain their citizenship, unless by their<br />

act or omission, they are deemed, under the law, to have renounced it.” An<br />

example of renouncing Philippine citizenship is when a spouse would swear<br />

allegiance to become a citizen of the spouse’s country. Any person although<br />

married to a foreigner can buy and own land in the Philippines for as long as they<br />

have not renounced said citizenship. <strong>The</strong>y may acquire and own land without<br />

restrictions since they are deemed to have retained their citizenship.<br />

39

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