What Former Filipinos Should Know About Inheriting Land in the Philippines

By Atty. Kathleen Felise T.

In today’s globalized world, more natural-born Filipinos are acquiring multiple citizenships, whether through ancestry, marriage to a foreign spouse, or naturalization abroad.

Unsurprisingly, many wonder: For natural-born Filipinos, does becoming a foreign citizen mean losing the right to inherit land in the Philippines?

While changing citizenship can affect your ability to purchase or receive land through donation, it’s important to know that former Filipinos, even those who have not especially not re-acquired Philippine citizenship under Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of 2003), can still inherit land in the Philippines through succession.

The GENERAL RULE: Only Filipinos can acquire land in the Philippines.

Under the 1987 Constitution, as a general rule, only Filipino citizens are qualified to own land in the Philippines. 1 In a long line of cases, the Supreme Court of the Philippines has repeatedly explained that this Constitutional restriction protects national patrimony and ensures lands of the Philippines, as exclusive heritage of the Filipino nation, remain under sovereign control. 2

The EXCEPTION: Hereditary Succession.

However, the Constitution also carves out one exception: Hereditary succession. 3 This ensures that those who were naturally born into a Filipino family are nor barred from inheriting from their Filipino relatives even if they’ve become foreign citizens.

In practical terms, this means:

• 1. Former Filipinos remain legal heirs under the rules of intestate succession even if they are no longer Filipino citizens at the time of the deceased’s death; 4
• 2. They remain entitled to their legitime as compulsory heirs under rules of testamentary succession if the deceased left a valid will. 5

This principle helps preserve family property within the Filipino lineage even when some members have acquired foreign citizenship. 6

Consider this scenario:

Aling Nena, a Filipina widow, has three children, who were all natural-born Flipinos: Juan, who became a British citizen after working in London for 10 years; Juana, who became a naturalized US citizen through marriage; and Juanito, a professional basketball player who was granted Japanese citizenship to play professional basketball in Japan.

Because Juan, Juana and Juanito all became citizens of other countries, they automatically lost their Philippine citizenship, and chose not to re-acquire the same under RA No. 9225.

One day, Aling Nena had a heart attack and died. She left no will, no debts and a 5-hectare farm land in Tarlac, which has been in their family for generations.

Can Aling Nena’s children, now all foreign citizens, inherit her land?

Answer: Yes, through the hereditary succession.

While Philippine law bars non-Filipino citizens from buying or receiving land through donation, the law ensures that non-Filipinos, especially former Filipinos, who were born into a Filipino family, remain as their family’s legal heirs. This ensures that family land in the Philippines remain in the family even across generations and borders.

Are you in a similar situation? Of course, every case has its nuances. It’s best to consult a lawyer to understand how these rules apply to your specific circumstances.