Dear PAO,

I am an American citizen, and I have a friend who is a Filipino citizen and included me as one of his heirs in his will. In the will, my Filipino friend gave me a parcel of private land in the Philippines. I would like to know if such a disposition is valid.

Nash

Dear Nash,

Please be informed that Sections 3, 7 and 8 of Article XII of the 1987 Philippine Constitution provide:

“Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. xxx

“Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

“Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Emphasis supplied)

In the case of Testate Estate of Jose Eugenio Ramirez et al. v. Marcelle D. Vda. De Ramirez et al., GR L-27952, Feb. 15, 1982, through Associate Justice Vicente Abad Santos, the Supreme Court ruled:

“We are of the opinion that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. Any alien would be able to circumvent the prohibition by paying money to a Philippine landowner in exchange for a devise of a piece of land.” (Emphasis supplied)

While the afore-quoted decision was promulgated prior to the effectivity of the 1987 Constitution, it must be noted that the provision in the 1987 Constitution limiting an alien’s right to own private land in the Philippines through hereditary succession was likewise found in Article XIII, Section 5 of the 1935 Constitution, to wit:

“SEC. 5. Save in cases of hereditary succession, no private agricultural land shall be transferred or assigned except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines.”

Pursuant to the aforementioned provisions of the 1987 Philippine Constitution, a foreign national is prohibited from owning private land in the Philippines, except in cases of hereditary succession. This mode of ownership, as clarified by the Supreme Court, is limited to intestate succession.

In your case, considering that you are not a legal heir of your Filipino friend but were only constituted as an heir in his will, and the disposition involves private land, the same cannot be legally enforced because it is violative of the Philippine Constitution.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]