Assignment

1. Can a foreigner married to a Filipino owned a land in the Philippines?

No. As a general rule, foreigners even married to a Filipino cannot own a land in the Philippines. The
Constitution states that: All agricultural, timber, and mineral lands of the public domain, water, minerals,
coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the
Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be
limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the
capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the
time of the inauguration of the Government established under this Constitution. This means to say that,
under the provisions of the Constitutions, aliens are not allowed to acquire the ownership of urban or
residential lands in the Philippines and, as consequence, all acquisitions made in contravention of the
prohibitions since the fundamental law became effective are null and void per se and ab initio.
In the case of Krivenko v Register of Deeds (G.R. No. L-360 November 15, 1947), the appellant was
denied the right to register a parcel of land (residential lot) he has acquired in 1941. Also, in the case of
People v Casha (G.R. No. I-30299 August 17, 1972), the Supreme Court reversed the decision of the Court
of First Instance of Rizal continuing the ownership of the private agricultural land of Casha beyond July 3,
1974 and where it states: “under the “Party Agreement” to our Constitution,  citizens of United States and
Corporations and business enterprises owned or controlled by them cannot acquire and own, save in
cases of hereditary succession, private agricultural lands in the Philippines and that all other rights
acquired by them under said Agreement will expire on 3 July 1974.”
Thus, the 1987 Philippine Constitution forbids foreigners from acquiring private lands in the Philippines,
except through hereditary succession, among others. Thus, even when a Foreigner is married to a Filipino
and they purchase a lot under the name of the spouse, there will be no presumption of conjugality or
community of property exists in regards the foreign spouse. This means that the Foreigner cannot own the
piece of land even if the funds used belong solely to that alien.
So, the exception to the general rule is, when  the land is purchased by a former natural-born Filipino
citizen subject to the limitations prescribed by Batas Pambansa 185 and R.A. 8179, acquisition before the
1935 Constitution, purchase of not more than 40% interest in a condominium project, and acquisition
through hereditary succession if the foreigner is a legal or natural heir.
 2. Discuss on the right of Private Corporation to acquire private lands in the Philippines.
As a general rule, only Filipino citizens and corporations or partnerships with least 60% of the shares are
owned by Filipinos are entitled to own or acquire land in the Philippines. Foreigners or non-Philippine
nationals may, however, purchase condominiums, buildings, and enter into a long-term land lease. Foreign
nationals, expats or corporations may completely own a condominium or townhouse in the Philippines. To
take ownership of a private land, residential house and lot, and commercial building and lot, they may set up
a domestic corporation in the Philippines. This means that the corporation owning the land has less than or
up to 40% foreign equity and is formed by 5-15 natural persons of legal age as incorporators, the majority of
which must be Philippine residents. Leasing land in the Philippines on a long-term basis is an option for
foreigners, expats or foreign corporations with more than 40% foreign equity. Under the Investors’ Lease
Act of the Philippines, they may enter into a lease agreement with Filipino landowners for an initial period of
up to 50 years renewable once for an additional 25 years.