Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
and Acquisition
In general, 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.
Filipinos who are married to aliens who retain their Filipino citizenship,
unless by their act or omission they have renounced their Filipino
citizenship
Requirements:
Birth certificate authenticated by 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
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:
For Business/Commercial Use (RA 8179 amended the Foreign Investment Act
of 1991):
What is avulsion?
It is the deposit of known (identifiable) portion of land detached
from the property of another which is attached to the property of
another as a result of the effect of the current of a river, creek or
torrent.
Note: Art. 459 states that Whenever the current of a river, creek,
or torrent segregates from an estate on its banks a known
portion of land and transfers it to another estate, the owner of
the land to which the segregated portion belonged retains the
ownership of it, provided he removes it within 2 years.
What are the requisites of
avulsion?
1. Abandonment; or
The way which will cause the least damage should be used even
if it will not be the shortest. The easement of right of way shall
be established at the point least prejudicial to the servient
estate and where the distance from the dominant estate to a
public highway is the shortest. In case of conflict, the criterion of
least prejudice prevails over the criterion of shortest distance.
1. Acquisitive Prescription
Note: the use by a third person and not the non-use by the
usufructuary
2. Total Loss of the thing Note: if the loss is only partial, the
usufruct continues with the remaining part.
RIGHT TO
CONTRIBUTIONS FOR
EXPENSES
a. Management
b. Enjoyment
c. Improvement or embellishment
The right to make openings or windows to enjoy the view thru the
estate of another and the power to prevent all constructions or
works which could obstruct such view or make the same
difficult.
10 years.
1. On ones own wall and the wall does not extend over the
property of another The easement is negative. Commencement
of Period of prescription-starts from the time formal prohibition is
made.
2. Thru a party wall or on ones own wall which extends over the
neighboring estate The easement is positive. Commencment of
Period of prescription starts from the time the window is
opened.