Land Ownership Transfer of Filipino Canadian to Children

By | May 31, 2021

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  

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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