Married to an AFAM? Here’s What Your Partner Needs to Know About Inheritance Under Philippine Law

Married to an AFAM? Here’s What Your Partner Needs to Know About Inheritance

Under Philippine Law

Atty. Kathleen Felise T.

Love knows no borders. In today’s globalized world, countless Filipinos are marrying AFAMs, fondly known as “A Foreigner Around Manila”, or simply, foreign nationals in general. With these inter-cultural unions often involving varying citizenships, it is crucial to understand how a Filipino citizen’s marriage to a foreigner affects land-related rights in the Philippines.

One of the most common concerns involves land ownership, largely because of the widespread belief that land in the Philippines is reserved exclusively for Filipino ownership.

But this raises an important question:

What happens to your land if something happens to you and you’re married to a foreigner? Can your foreign spouse inherit your land in the Philippines?

The answer is yes, but only under very specific legal rules.

THE GENERAL RULE: Only Filipino Citizens can own land in the Philippines.

Under Article XII, Section 7 of the 1987 Constitution, as a general rule, only Filipino citizens are qualified to own may acquire or hold lands of the public domain.

This means that since your AFAM spouse is not a Filipino citizen, they cannot:

• 1. Buy or acquire land in the Philippines; or
• 2. Receive land through donation, from you or any other person.

This also means that Philippine lands you acquire during your marriage remain your exclusive property and cannot be considered as conjugal property.

But there is one important constitutional exception, and this is where things become relevant for your marriage.

THE EXCEPTION: Hereditary Succession

Under the same Constitutional provision, there is a clear and intentional exception on land ownership in the Philippines: hereditary succession.

The Law gives leeway for foreigners to own land in the Philippines, but only through hereditary succession, or through inheritance as a mode of acquisition. 1 This implies two

things:

• 1. Intestate succession: If you do not leave a will, your AFAM spouse can inherit land from you as your legal heir, under the rules of intestate succession. 2
• 2. Testamentary succession: If you leave a will, your AFAM spouse is still entitled to a legitime as your compulsory heir, but cannot receive more than what is set forth by law. 3

However, the AFAM spouse cannot be named as a recipient of any amount under the free portion if it is in excess of their legitime.

In simple terms, your foreign spouse can inherit land only because the law automatically entitles them to a share, either as a legal heir when you die without a will, or through their legitime if you leave a will. They cannot be given land as a purely voluntary testamentary heir outside their legitime, or the portion of inheritance that is reserved for them as a surviving spouse.

This exception allows lands, especially those that you have inherited from your Filipino ascendants, to stay in the family and be inherited by your heirs, regardless of their citizenship.

PICTURE THIS:

Maria, a Filipino citizen, marries Sergio, a Spanish citizen. During their marriage, Maria purchases a parcel of land in Batangas, where they built a vacation house.

One day, Maria suddenly dies from a heart attack. She is survived by Sergio, her Spanish husband, and their three children, all Spanish citizens.

Maria dies without a will, and her family fears that because they are foreigners, they will lose their land.

Can Sergio and the children inherit the Batangas land?

Yes, they can. They inherit through intestate succession.

Because Maria left no will, the law automatically distributes the land to her closest legal heirs her surviving spouse, and her children. Their Spanish citizenship does not disqualify them from inheriting land from their Filipina mother.

Still, every family’s situation is unique. If you or your spouse own land or plan to include land in estate planning, it’s best to consult a lawyer to understand the nuances affecting your specific circumstances.