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Author Topic: First Post a question about buying land  (Read 2713 times)

Offline reddog

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First Post a question about buying land
« on: December 21, 2009, 08:18:22 AM »
I am not married to a Pinay or living in the RP (yet). I have been reading the forum for a week (top of the forum says I have spent 9 hours and 54 minutes reading)

It is my understanding that it is not possible to buy land in the RP if you are not a citizen of the Philippines, you also can\'t fully own most business for the same reason. It would seem to me that no one has brought up the one way (maybe a way) around this problem. Become a citizen of the Philippines. Not saying I would do this but does anyone have information on this?

Questions:

Can Kanos become Citizens, if yes, what is involved

If you become a citizen do you then have the right to buy land, fully own you\'re own business?

BTW I am putting this post here as I want to retire in the RP and want to build my house on land owned by me.



Offline c_a_p_t_a_i_n_r_o_n

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Re: First Post a question about buying land
« Reply #1 on: December 21, 2009, 08:40:13 AM »
http://en.wikipedia.org/wiki/Philippine_nationality_law

You can lease land for 25 years and then obtain an extension of another 25 years......but tread cautiously
Any building you erect you would own outright

Offline RUFUS

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Re: First Post a question about buying land
« Reply #2 on: December 21, 2009, 08:54:49 AM »
Reddog,
You wish to become a citizen...
No problem, here are the hoops...enjoy.

http://www.chanrobles.com/commonwealthactno473.html

BTW...welcome to the forum
SO SAYETH THE RUFUS

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Re: First Post a question about buying land
« Reply #3 on: December 21, 2009, 09:28:07 AM »
Reddog,
You wish to become a citizen...
No problem, here are the hoops...enjoy.

http://www.chanrobles.com/commonwealthactno473.html

BTW...welcome to the forum


Welcome Reddog.

I have also seen the phrase \'natural born Filipino\' I believe in reference to ownership of land. Becoming a naturalized citizen does not necessarily give you the same rites as person born in this country. You will need to check on that if you are considering going this route.

Colin

Offline GregW

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Re: First Post a question about buying land
« Reply #4 on: December 21, 2009, 10:48:26 AM »
reddog, you can become a naturalized citizen.  To start with you need to be living in the RP for a minimum of 10 years.  If you\'re married to an RP citizen that is reduced to 5 years.  That\'s when you can apply.  It is my understanding that the process will then take another 3 years beyond that.  So figure a minimum of 8 years up to 13 years.  If everything goes right.  Rufus has posted the relevant link if you need to read more.  You will not jeopardize your US citizenship in doing so. 

Colin, the RP Supreme Court has already commented on this issue.  In CELSO R. HALILI and ARTHUR R. HALILI, petitioners, vs. COURT OF APPEALS, HELEN MEYERS GUZMAN, DAVID REY GUZMAN and EMILIANO CATANIAG they had this to say;

\"if the ban on aliens from acquiring not only agricultural but also urban lands, as construed by this Court in the Krivenko case, is to preserve the nationís lands for future generations of Filipinos, that aim or purpose would not be thwarted but achieved by making lawful the acquisition of real estate by aliens who became Filipino citizens by naturalization.\"

http://sc.judiciary.gov.ph/jurisprudence/1998/mar1998/113539.htm#_ednref24

Therefore naturalized citizens can enjoy the same rights of land ownership as native born citizens.



Ako si Goyo.†† Amerikano akong lawas pero Bisaya akong kasing-kasing

Offline Lee2

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Re: First Post a question about buying land
« Reply #5 on: December 21, 2009, 10:56:50 AM »
If you fit the criteria then you might be better off going the SRRV route† http://www.pra.gov.ph/main/srrv_program2/5?page=1 or at least it is an option.
:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline reddog

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Re: First Post a question about buying land
« Reply #6 on: December 21, 2009, 12:54:47 PM »
Reddog,
You wish to become a citizen...
No problem, here are the hoops...enjoy.

http://www.chanrobles.com/commonwealthactno473.html

BTW...welcome to the forum


RUFUS thanks

Part of the article you sent me too said this

Quote
Before the naturalization certificate is issued, the petitioner shall, in open court, take the following oath:

\"I, ______________________________________, solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly to the ____________________. of which at this time I am a subject or citizen; that I will support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Commonwealth of the Philippines; [and I hereby declare that I recognize and accept the supreme authority of the United States of America in the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.

\"So help me God.\"
Quote

I understand that this act was aproved in 1939 while the RP was admin by the USA but is it still in effect with this wording?

Offline reddog

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Re: First Post a question about buying land
« Reply #7 on: December 21, 2009, 01:02:09 PM »
If you fit the criteria then you might be better off going the SRRV route† http://www.pra.gov.ph/main/srrv_program2/5?page=1 or at least it is an option.


I can \"invest\" that amount but would I be able to \"own\" the land I build a house on?

I am at least 12 years from retirement but I hope that Philippine laws evolves so that foreigners can buy land/houses for primary use instead of going through all these loops. Until then I will keep making plans

Offline coutts00

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Re: First Post a question about buying land
« Reply #8 on: December 21, 2009, 01:42:20 PM »
There is a saying Reddog, which applies itself to many and anything that could possible go wrong or go the way we do not want it to go...

\"Only in the Philippines\"

Many of us have been hoping for changes for years, its in the wind and we can sniff at it and hope for fruition, however don\'t bank on it or even bet on it, as it is likely never to happen.
Wayne† ;D ;D

Offline Lee2

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Re: First Post a question about buying land
« Reply #9 on: December 21, 2009, 04:21:51 PM »
If you fit the criteria then you might be better off going the SRRV route† http://www.pra.gov.ph/main/srrv_program2/5?page=1 or at least it is an option.


I can \"invest\" that amount but would I be able to \"own\" the land I build a house on?

I am at least 12 years from retirement but I hope that Philippine laws evolves so that foreigners can buy land/houses for primary use instead of going through all these loops. Until then I will keep making plans


The short answer is NO you can only own a condo or townhome where the land under it is not yours. As Wayne said, we have been hoping for a change to that law but so far it has been all talk. The SSRV allows you to take your money back out for the purchase of an approved property (condo if you are not married to a Philippine citizen) but not all condos are approved by them for purchase with your funds. It is not perfect but right now that is all they offer.
:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline tom.inbigdtexas

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Re: First Post a question about buying land
« Reply #10 on: December 22, 2009, 03:29:29 AM »

There is a saying - applies to anything that could possible go wrong or go the way we do not want it to go...

\"Only in the Philippines\"

Many of us have been hoping for changes for years, its in the wind and we can sniff at it and hope for fruition, however don\'t bank on it or even bet on it, as it is likely never to happen.


Wayne,

I love the mental image from your last sentence.

Having been basically retired for about a year now, and thereby able to keep up with the workings (actually, the running in circles) of the US House and Senate on a near daily basis ...

your sentence perfectly describes just the way I feel.† :) >:( :( I go from happy, to mad, to sad - over and over† :) >:( :(

\"Only in the Philippines\" may become the \"daily refrain\" for those who follow the US legislative process.
 ;D :\'( ;D :\'(

Tom in Big D†
Dallas, Tx, USA
Mactan, Cebu, PH