Q. I have a farmland in Pampanga. I would like to seek advice on transferring
ownership of this land to my children. We are all now residing here in Canada and are all Canadian citizens.
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 when it comes to owning lands in the Philippines ? I inherited this land after I had already become a Canadian citizen. What about the paper works do I have travel to the Philippines ? Please advise. Kind Regards. Bert
ANS: In the absence of and sans the opportunity for further elaboration of your narrative, we will assume that although you are considered as a former natural-born Filipino citizen, pursuant to the existing laws of the Philippines.
Kindly note that in order for your 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 your children are considered as
2
natural born Filipino, despite of the fact that they were born outside the Philippines. Under this scenario, as Filipino citizen, your children have all the rights as citizens of the Philippines, including the right to own land, among others.
However, if at the time the birth of your children you and their mother have already acquired Canadian citizenship, then it follows that your children being foreigners under the laws of the Philippines are disqualified to own land in the Philippines, except the transfer of the land is by means of intestate hereditary 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, should you plan to come out with a “WILL” as a vehicle to transfer ownership is not legally tenable under the above circumstances.
Thank you.
Xxxx xxx
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