As of 2024, it was estimated that there are 2.19 million Overseas Filipino Workers (OFWs), which is an increase of 1.5% from the previous year. OFWs are commonly referred to as “modern heroes”, not just because of the economic gains they brought to the country through remittances, but also because of their resilience. OFWs would endure homesickness and horrible working conditions to support their families back home. Their sacrifices made them deserving of the title.
Naturalized OFWs in Foreign Countries
In some cases, OFWs would stay in their host country long enough to be naturalized and lose their Filipino citizenship. While there is no exact data reflecting this phenomenon, foreign embassies would report on naturalized OFWs who would re-acquire their Filipino citizenship and become dual citizens. In Washington, it was reported that more Filipinos in the US are applying for dual citizenship due to their desire to revisit their roots and possibly retire in the Philippines. From 653 dual citizenship applications in 2020, it jumped to 2,653 in 2021.
On the other hand, some OFWs were naturalized in another country that didn’t re-acquire their Filipino citizenship. In this case, they are not considered dual citizens but as naturalized citizens of that country and a former natural-born Filipino citizen.
Legal Implications of Dual Citizenship
Under Republic Act No. 9255, individuals who have reacquired Filipino citizenship enjoy the full civil, economic, and political rights of Filipino citizens. These rights include the right to vote, engage in business, practice a profession (subject to applicable laws), and own land in the Philippines.
For purposes of land ownership, a dual citizen who has reacquired Filipino citizenship is treated as a Filipino citizen and is generally subject to the same rules governing land ownership as any other Filipino.
Can Dual Citizens Own Land?
A dual citizen who has reacquired Filipino citizenship under Republic Act No. 9255 may own land in the Philippines in the same manner as any Filipino citizen. They are generally not subject to the constitutional restrictions on land ownership that apply to foreign nationals.
Former natural-born Filipinos who have not reacquired Filipino citizenship are in a different legal position. Although they are considered foreign naturals, Philippine law grants them limited exceptions allowing them to acquire land under certain conditions.
Under Batas Pambansa 185, a former natural-born Filipino may enter into a contract of sale for urban land up to a maximum area of 1,000 square meters. Meanwhile, if it is rural land, they may purchase up to one hectare. However, the land can only be used for residential purposes. Meanwhile, if the land is intended to be used for commercial purposes, the Republic Act No. 8179, or the Foreign Investments Act, states that former Filipinos may purchase urban land up to a maximum area of 5,000 square meters and rural land up to a maximum area of three hectares.
In the case of married couples, only one of them may avail of this privilege, and if both spouses want to avail of the same, the total area acquired shall not exceed the maximum area allowed.
When purchasing a land property, there are additional requirements for dual citizens or former Filipinos, such as a Certificate of Re-Acquisition/Retention for dual citizens. However, matters involving one’s citizenship and land ownership may be complicated, and missing a step may result in failed transactions or worse, losing money because of it. It is best to consult a lawyer who can guide you throughout the process and ensure that you are able to invest in a property you can legally own.