What are the Steps to Gain Dual Citizenship? for buying a property in the Philippines

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 by the National Statistics Office (birth certificate from the NSO can be requested online and mailed to you)

• Accomplish and submit a “Petition for 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, he or she can still acquire land based on BP (Batas Pambansa) 185 & RA (Republic Act) 8179 but limited to the following:

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.

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What is National Housing Authority?

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.

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What is The Steward Concept of property ownership?

The Steward Concept is a legal doctrine which holds that property ownership presupposes concomitant obligations to the state and the community and that property is supposed to be held by the individual only as trustee for people in general; and that as mere steward, the property owner must exercise his rights to the property not just for his own exclusive and selfish benefit or interest but for the good and general welfare of the nation as a whole.

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What is The Regalian Doctrine of property ownership?

A principle in law which means that all natural wealth - agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the state. Thus, even if the private person owns the property where minerals are discovered, his ownership for such does not give him the right to extract or utilize said minerals without permission from the state to which such minerals belong.

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What are the Limitations on Right of Property Ownership?

• CONSTITUTIONAL - such as police power, eminent domain or expropriation of private property for public use, taxation and es-cheat when revision of private property to state ownership in case of death of property owner without an heir;
• LEGAL - zoning ordinances, regulations on subdivision projects, building code, and other special laws and regulations; and
• CONSENSUAL/VOLUNTARY - easements and servitudes, usufructs, lease agreements, restrictions in subdivision and condominium deeds or restriction.

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What is Bundle of Rights Theory?

The bundle of rights theory inherent to property ownership are the right to use (Jus-Utendi), the right to enjoy the fruits of (Jus-Fruendi), the right to dispose (Jus-Disponendi), the right to abuse (Jus-Abutendi), the right to recover (Jus-Vindicandi), and the right to possess (Jus-Possidendi). The rights incident to ownership are, the right:

• to enjoy and dispose of a property without other limitations than those established by law;
• to file action against third parties to recover ownership;
• to use force as may be reasonably necessary to repeal or prevent an actual or threatened unlawful invasion or usurpation of his property (Art. 429, NCC, relate to Art. 312, RPC);
• the right to enclose or fence property - walls ditches, live or dead hedges - or by any other means without detriment of servitudes constituted thereon;
• to demand indemnity for damages caused to property;
• the right to compensation in the event of expropriation;
• the right to be restored to possession in case of unlawful dispossession;
• the right to the surface and subsurface of the land, right to construct thereon any works, plantation and excavation without detriment to servitude and subject to special laws and without right to complain of the reasonable requirements of aerial navigation;
• the right to hidden treasure;
• the right to accession and fruits of the property;
• the right to "quiet title" to real property or any interest therein.

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