Q. I own approximately 3-4 hectares of farmland in Bamban, Tarlac. I would like to seek advice on transferring ownership of this land to my children. We are all residing here in Canada and are all Canadian citizens. (no one holds Philippine passports anymore).
What would be the necessary steps we’d need to take in order to make this happen?
Also, is there any advantage/disadvantage to doing this now versus leaving it to my children through my will?
Is Canadian citizenship an issue for myself or my children?
FYI, I inherited this land after I had already become a Canadian citizen. I would like to know if this is the type of work that you do.
Can all of this work be done from Canada (by proxy) and what the associated costs would be? Please advise. Kind Regards. OT
ANS: As your facts are not complete, we will first assume that although you are now a Canadian citizen, you were a former natural-born Filipino citizen.
As such and pursuant to the Philippine constitution, by right of succession and as implemented by Batas Pambansa Blg. No.185, former natural-born Filipino citizen who have lost their citizenship may own land in the Philippines, subject to certain limitation as regards to its use.
For instance, under the said Batas Pambansa Blg. 185, the total or aggregate land area should not exceed 1,000 square meters in urban center and not exceeding 1 hectare in rural areas per person, and for residential purposes only.
In cases of lands devoted for business purposes by former natural-born Filipino citizen, the provisions of RA 7042 as amended by RA 8179 shall govern wherein the maximum area is 5,000 sq. meters for urban land and a maximum of three (3) hectares for rural land.
Now based on the above-premise, you would like to transfer the ownership of that inherited land of about 3.4 hectares in the name of your children. Either by will (if qualified) or such other documents which ever is appropriate?
Kindly note that in order for you children who are presently Canadian citizens, to qualify for land ownership in the Philippines as your transferees, it is crucial to establish their citizenship at the time of their birth. If you and/or their mother, were still Filipino citizens, at the time of their birth then they are considered as former natural-born Filipino citizens similarly situated in your case.
However, if at the time their respective birth both of their parents were no longer Filipino citizens(Canadian citizens) , then it follows that the said children cannot be considered as Filipino citizen, more so as natural-born citizen, and therefore are not qualified to own lands under the existing laws mentioned above for being foreigner, except in cases of hereditary succession.
Under the succession law as provided in the constitution, foreigners could still be transferees of the land in the Philippines, by way of INTESTATE succession. By intestate succession means that the ownership of the estate is transferred to the heirs of the deceased by operation of law, and NOT by testamentary succession or by will. Hence, your queries regarding the “WILL” as a vehicle to transfer ownership is not legally tenable under the above circumstances.
Now, assuming finally that your children are qualified to own land in the Philippines, as they can be considered as former-natural born Filipino citizens, as explained above, the documentations necessary for the transfer of land ownership in the names of your children can be done here in Canada.
The required documents could be a straight forward Deed of Absolute Sale or Deed of Donation Inter-vivos or Mortis Causa or a Will as the case may be and if qualified (to take effect upon the death of the testator),and the corresponding Special Power of Attorney (SPA), may be all executed and done in Canada and still be recognized in the Philippines, provided that the same be duly acknowledged and notarized (with Red Ribbon and Seal) by the Consular Office of the Republic of the Philippines, nearest your residents in Canada.
The SPA is necessary in order to authorize your agent or representative in the Philippines to act for and on your behalf in dealing and transacting business with the appropriate government agencies for the above purposes with full force and legal effect.
Looking forward you’ll find the above in order. Thank you.
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