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Akita Case Law and Ruling
Akita Case Law and Ruling
married to a Filipino citizen would hold title in the Filipino spouse’s name. The
foreign spouse’s name cannot be on the Title but can be on the contract to buy
the property. In the event of the death of the Filipino spouse, the foreign spouse
is allowed a reasonable amount of time to dispose of the property and collect the
proceeds or the property will pass to any Filipino heirs and/or relatives.
Note that Section 7 speaks of hereditary succession. In legal speak, this means
that a foreigner can acquire land through intestate inheritance, i.e. the default
laws on inheritance which are not transfers of ownership by way of a last will and
testament.
The Supreme Court has ruled that a transfer of ownership to a foreigner by way of
last will and testament would be unconstitutional.
We are of the opinion that the Constitutional provision which enables aliens to
acquire private lands does not extend to testamentary succession for otherwise
the prohibition will be for naught and meaningless. Any alien would be able to
circumvent the prohibition by paying money to a Philippine landowner in
exchange for a devise of a piece of land.
Ramirez vs. Vda. de Ramirez, G.R. No. L-27952, February 15, 1982
This means that Section 7, Article XII of the Constitution should be read in relation
with the Philippine Civil Code’s provisions on intestate inheritance.
Articles 995, 997 and 1001 of the Civil Code are the specific sections to look at. I’ll
give you the entire subsection on a surviving spouse: