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If you are a former Filipino citizen who wants to stay in Cebu for good or for a business venture, you may be wondering if you are eligible to buy land for any of these purposes. While the 1987 Constitution prohibits sale of land to foreigners, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Sec. 7, Art. XII)

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These limitations are found in Batas Pambansa (B.P.) Blg. 185 and the Foreign Investments Act, as amended.

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For Residential Purposes

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Pursuant to Section 2 of Batas Pambansa Blg. 185, any natural-born citizen of the Philippines 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 to be used by them as their residence up to a maximum area of:

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• One thousand (1,000) square meters, in the case of urban land, or 
• One (1) hectare in the case of rural land. 

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In the case of married couples, one of them may avail of this privilege; but if both shall avail of the same, the total area acquired shall not exceed the maximum fixed by this law.

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In case the transferee already owns urban or rural lands for residential purposes, they shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by them, shall not exceed the maximum areas authorized by this law.

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A transferee may not acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines; Provided, That the total area thereof shall not exceed one thousand square meters in the case of urban lands or one (1) hectare in the case of rural lands for use by him as urban land shall be disqualified from acquiring rural land, and vice versa.

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For Business Purposes

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On the other hand, under the Foreign Investments Act, as amended, 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 for business or other purposes up to a maximum area of: 

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• 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. 

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In the case of married couples, one of them may avail of this privilege; but if both shall avail of the same, the total area acquired shall not exceed the maximum fixed by this law.

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In case the transferee already owns urban or rural land for business or other purposes, he shall still 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 authorized by this law.

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A transferee under this law 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. 

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A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on concerns regarding the purchase of land, consult with a legal professional.

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Padin & Partners Law Offices is a full-service law firm that provides assistance in the purchase of lands. For consultations: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.

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