Q. Dear Atty Wong, my family are now Canadian Citizens since November 2010.
And we are planning to go home to the Philippines this year to:
(1) discuss with our respective Parents on the judicial partitions to inherit some of their properties along with our other siblings based in the Philippines
(2) buy some lands in the Philippines for rental earning investments
(3) and maybe to stay at least 3 months in the Philippines to coordinate our investment plans .
Considering the circumstances above, we would like to get your best opinion whether it would be necessary and beneficial for us to acquire dual citizenship before going home this year. I have also researched that:
Natural-born Filipinos who have acquired a foreign citizenship may own real estate properties in the Philippines but are subject to restrictions under certain laws, such as the Batas Pambansa Blg. 185, which applies solely to residential properties and RA 7042 as amended by RA 8179, which provides that they be allowed to own a maximum of 5,000 square meters of urban land and three hectares of land in rural areas.
Is this still applicable until at present law? Is this allocation per individual basis, like quota for my husband, another quota for my son and another for my own quota?
If we are Canadian citizens only (not dual) entering the Philippines under the Canadian passport, how long are we allowed staying in the Philippines without facing a penalty for overstaying?
I called the CIC Office and was informed that Canada does not limit its citizens to stay on long period of time outside the country. They suggested instead for me to check the country where I am going if it has its limitations on having foreign citizens. I hope you can still share some insights on these issues. More Power and Thank you!! RU.
ANS: Hello RU, the privilege to avail of the Dual Citizenship and Retention Act under RA 9225 is really a judgment call on your part .
This could be dictated by your circumstances, the purpose(s) and the corresponding benefits that a qualified individual may have in relation to his or her circumstances.
In relation to the above, kindly take note that amongst the salient features of the Dual Citizenship Act under RA 9225, is that a natural-born Filipino citizen is deemed not to have lost his/her Filipino citizenship when one becomes a naturalized citizen of other country.
For this purpose, one has to take an oath of allegiance to the Republic of the Philippines before our Philippine consulate.
Under the law, as a Dual Filipino citizen , a person enjoys the same rights and privileges that Filipino citizens have , except the right to hold public office(whether appointive or elective offices ,unless he/she renounces her foreign citizenship). As a Dual citizen, you are entitled to have a Philippine Passport, as well.
In your case, if you intend to buy more lands and invest in real estate and engage in business in the Philippines, then it is more practical vis-à-vis your circumstances to avail of the Dual Citizenship.
Moreover, you will also enjoy the right to stay and reside in the Philippines indefinitely , without securing VISA from the Philippine immigration and avoid being penalized if you overstayed in the Philippines.
To fully enjoy this privilege and so avoid the hassles in the Bureau of Immigration(BI) in going in and out of the Philippines for a prolong stay , it is best for Dual citizens to carry his/her valid Philippine passport and have this handy every time one enters and leaves the Philippines.
We now come to your other queries and your researched as regards BP Blg 185 and RA 7042 as amended by RA 8179. These statutes are still valid and subsisting as of this writing.
For your reference the salient features of the said statutes as far as land ownership is concerned :
-maximum of 5,000 sq. meters for urban land;
-maximum of three (3) hectares for rural land
-Either of the spouses may avail of the privilege; in case both spouses wish to acquire
lands for this purpose, the total area acquired should not exceed the maximum allowed.
-In case he/she already owns urban or rural lands for residential purposes, he/she may
acquire additional urban or rural lands, which when added to those he/she presently owns, shall
not exceed the authorized maximum area.
Kindly note however, that the above cited statutes ARE NOT APPLICABLE TO Filipino citizens including those who have availed of the dual Philippine citizenship .
As mentioned earlier, being a dual citizen pursuant to RA 9225 , means that one has the same rights, privileges, restrictions, if any, with all other Filipino citizens with respect to land ownership, acquisition, as well as the provisions of the RA 6657 otherwise known as the Comprehensive Land Reform Law(CARL) or the land reform law .
Now as regards the maximum number of days for a former Filipino citizens( BUT are not duals) to stay in the Philippines without the corresponding penalties if one over stays , it depends on the immigration officers in the Philippines in the port of entry .
If you are considered a tourist then perhaps 30 to 90 days. If considered as “balikbayan” a maximum of 12 months. I suggest you consult our Philippine Consulate on this matter.
Should you wish to have further information as regards your queries , it is suggested that you consult your lawyer in the Philippines for professional assistance. Thanks for writing .
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