Dati ka bang Filipino citizen na nag-renounce ng kanyang Filipino citizenship pero gustong kumuha o bumili ng lupa sa Pilipinas?

The Citizenship Retention and Re-acquisition Act of 2003, also known as RA 9225, provides provisions for former Filipino citizens who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship. While the act aims to protect the rights and privileges of these individuals, there are specific conditions and limitations to consider, particularly regarding the ownership of real estate in the Philippines. In this article, we will explore the implications of RA 9225 on real estate ownership for former Filipino citizens.

Retention and Re-acquisition of Philippine Citizenship: Under Section 3 of RA 9225, natural-born citizens of the Philippines who lost their Philippine citizenship due to naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic. Additionally, individuals who become citizens of a foreign country after the effectivity of the act may retain their Philippine citizenship by taking the same oath.

Real Estate Ownership: While RA 9225 grants former Filipino citizens the opportunity to regain their Philippine citizenship, it does not explicitly address real estate ownership for these individuals. The right to own land in the Philippines is subject to limitations imposed by the Philippine Constitution and existing laws.

According to the 1987 Philippine Constitution, only Filipino citizens and corporations or associations at least 60% owned by Filipino citizens can acquire or hold land, including private residential land. Non-Filipinos, including former Filipino citizens who have re-acquired foreign citizenship, are generally restricted from owning land in the Philippines, with exceptions for limited circumstances such as through inheritance or legal succession.

However, it's important to note that former Filipino citizens who have re-acquired Philippine citizenship under RA 9225 are typically treated as if they never lost their Philippine citizenship. As such, they may be entitled to the same rights and privileges as natural-born Filipino citizens, including the ability to own land. This interpretation is based on the principle that the act deems them to have re-acquired Philippine citizenship, effectively restoring their rights as citizens.

RA 9225, the Citizenship Retention and Re-acquisition Act of 2003, allows former Filipino citizens who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship. While the act does not explicitly address real estate ownership, individuals who regain their Philippine citizenship under RA 9225 may potentially be entitled to own land in the Philippines as if they were natural-born Filipino citizens. However, it is crucial to consult with Real Estate Consultants and/or legal professionals and relevant government agencies to ensure compliance with all applicable laws and regulations regarding real estate ownership in the Philippines.

By: Carlo Jay (CJ) Manalo
Bachelor of Science in Real Estate Management
Pamantasan ng Lungsod ng Maynila
Legal Aspects of Real Estate | Real Estate Consulting

Source: Republic Act 9225 of 2003