Former Natural-born Philippine Citizen now Naturalized American Citizen

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Steps to Gain Dual Citizenship:

  • If you are in the Philippines, file a "Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” at the Bureau of Immigration (BI) and for the cancellation of your alien certificate of registration.
  • Those who are not BI registered and overseas should file the petition at the nearest embassy or consulate.

Requirements:

  • Birth certificate authenticated my the Philippines National Statistics Office (NSO)
  • Accomplish and submit a “Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” to a Philippine embassy, consulate or the Bureau of Immigration
  • Pay a $50.00 processing fee, schedule and take an "Oath of Allegiance" before a consular officer
  • The Bureau of Immigration in Manila receives the petition from the embassy or consular office. The BI issues and sends an Identification Certificate of citizenship to the embassy or consular office.

If a former Filipino who is now a naturalized citizen of a foreign country does not want to avail of the Dual Citizen Law in the Philippines, he or she can still acquire land based on BP (Batas Pambansa) 185 & RA (Republic Act) 8179 but limited to the following:
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For Residential Use
(BP 185 - enacted in March 1982):

  • Up to 1,000 square meters of residential land
  • Up to one (1) hectare of agricultural of farm land

For Business/Commercial Use (RA 8179 - amended the Foreign Investment act of 1991):

  • Up to 5,000 square meters of urban land
  • Up to three (3) hectares of rural land

Real Estate Transaction Costs in the Philippines

Purchases from Individuals:

  • Philippines Capital gains tax - 6% of actual sale price. This is paid by the seller but in some cases it might be expected that the buyer pays. This percentage could differ if the property assessed is being used by a business or is a title- owned by a corporation, in this case the percentage is 7.5%
  • Philippines Document stamp tax - 1.5% of the actual sale price. This is paid by wither the buyer or the seller upon agreement. Normally however, it is the buyer who shoulders the cost.
  • Philippines Transfer tax - 0.5% of the actual sale price
  • Philippines Registration fee - 0.25% of the actual sale price

Purchases from Developers:

  • Philippines Capital gains tax - 10% of actual sale price. This value might be expressed as part of the sale price
  • Philippines Document stamp tax - 1.5% of the actual sale price
  • Philippines Transfer tax - 0.5% of the actual sale price
  • Philippines Registration fee - 0.25% of the actual sale price
     

 TAKING TITLE TO THE PHILIPPINE REAL ESTATE

§  The "Deed of Sale" is the document showing legal transfer of real estate property ownership. The deed of sale is then taken to the Registry of Deeds to be officially recorded. "Tax Declarations" are sometimes used but are not very enforceable in court because there may be many others with a tax declaration claming ownership of the same property. A property may be Titled by taking the Tax Declaration to the Registry of Deeds to process to be officially titled. Always purchase property with a proper deed of sale if possible, and if there is not one, a tax declaration is your last choice. Owners must be active in enforcing their property rights. Possession is 90 percent ownership. If the property owner can only show a tax declaration as an evidence of ownership, that means the land is untitled and not registered under the Torrens system, the buyer will not get as much protection, as his title will not be absolute and can yield to one who has a better right, like the person actually possessing and occupying or tilling the land, and who subsequently applies for the titling of the land in his name. It is possible for two or more tax declarations issued to different persons with exactly the same technical description, or referring to the same property.

§    REAL ESTATE ACQUISITION AND DISPOSITION DEFINITIONS

§  Acquisition is the act of procuring or getting a hold of real estate property. Disposition is the manner of alienation, transfer of possession and ownership thereof prescribed by the Philippine law. The acquisition and disposition of real estate is embodied in written agreements or contracts voluntarily entered into and subscribed by the selling and buying parties thereof, before a public officer designated as the Notary Public of the City or Province where the subject property is located. Thereafter, the instrument embodying the particular real estate transaction is required by law to be recorded in the Registry of Deeds in the City or Province where the real estate property is involved and located. The Philippines uses the "Torrens" system of real estate ownership. See below for more information.

§   TORRENS SYSTEM OF REAL ESTATE OWNERSHIP

§  An adapted form of the "Torrens" system of land registration is used in the Philippines. The system was adapted to assure a buyer that if he buys a land covered by an Original Certificate of Title (OCT) or the more familiar Transfer Certificate of Title (TCT) issued by the Registry of Deeds, the same will be absolute, indefeasible and imprescriptibly. The registered owner will never lose his ownership to squatters no matter how long such land was illegally occupied.

§    CONDOMINIUM DEVELOPMENT OWNERSHIP LAW

§  Presidential Decree No. 957, which regulates the sale of subdivision and condominium developments, and providing penalties for violations thereof. The National Housing Authority has exclusive jurisdiction to regulate real estate trade and business, a function, which is presently exercised by the Housing and Land Use Regulatory Board (HLURB). Certain conditions are required before a license to sell condominium development units and or subdivision development lots and homes is issued to a Filipino or Foreign owned individual or corporation. The requirements include a certificate of registration, a performance bond, and an approval of the building plans and specifications. Violation of these rules could mean fines, cancellation of license and or imprisonment.