Q. Hello Rogelio, I am a Canadian married to a Filipina for over 22 years now. We have 2 children who were born in Canada. My wife and I are wondering whether our children are entitled to own rice land and residential lands and a house in the Philippines.
We believe our two children are “dual citizens, of both Canada and the Philippines as my wife is also a dual citizen.
Please let us know if our children can own lands in the Philippines and what type documents would we need for them to put titles and deeds in their names.. They are 19 years old and 20 years old respectively.
PS. I love your column in the news paper balita. Very good work… thank you, and have a great day … sincerely Richard.
Ans:
Hello Richard, if your wife was still Filipino citizen at the time of the birth of your children, then they are considered as Filipino citizen in accordance with the Philippine Constitution. As such they are indeed “dual citizens” by birth. Canadians and Filipino citizens respectively.
As Filipino citizens, they have all the rights as provided in the Constitution and the laws of the land, more particularly to own rice land and residential houses.
However, with respect to owning rice land(just like all Filipino citizens) there could be a restriction in the size of agricultural land ownership by virtue of the Comprehensive Agrarian Reform Law in the Philippines, wherein ownership could not exceed five(5) hectares retention limit. However, with respect to residential land, there is not limit.
Assuming that your children are indeed “dual citizens” as explained above, they have to go Manila and apply for the so called “recognition of Philippine citizenship” with the Bureau of Immigration(BI). There are paper works to be done in the said office.
To prove their qualification, they have to bring with them the : 1) Birth respective Certificates authenticated by the Philippine consulate ; 2) the Birth Certificate of their mother, issued by the National Census and Statistics office in Manila. She could apply on line for the purpose. 3) Proof of date when your wife become a naturalized Canadian citizen(Canadian citizenship card) and/or such other documents, that will established that at the time the birth of your two (2) children, your wife or the mother of your children was still a Filipino citizen.
Once your children are able to secure the “Certificate of Recognition”, you can proceed to acquire lands (rice/agricultural land subject to certain limits not exceeding five(5) hectares. No limits other lands, residential, commercial and industrial). Acquisition of these lands could be by means of Deed of sale, donation or by will.
Thank you for writing and for being part of the Batas Pinoy global community.
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