Foreigners living in, investing in, or marrying into the Philippines enjoy the protection of the Constitution: due process, equal protection, and the rights of the accused apply to every person, not only to citizens. There are, however, important limits, especially on owning land and certain businesses.
Owning property
- Land: The Constitution generally prohibits foreigners from acquiring private land, except by hereditary succession (inheritance by law).
- Condominium units: Foreigners may own condominium units, as long as foreign ownership in the project does not exceed 40%.
- Leases: Foreigners may lease land, including long-term leases for investment under the Investors' Lease Act, as amended. Check the current maximum term before signing.
- Former natural-born Filipinos: Those who lost Filipino citizenship may still acquire limited areas of private land under the law. Reacquiring citizenship under R.A. 9225 (dual citizenship) restores full rights.
Avoid "dummy" arrangements. Putting land in the name of a Filipino partner or nominee while the foreigner pays and controls it is risky. The arrangement can be void, and foreigners have generally been unable to recover money paid for land they could not legally own.
Doing business
Foreign ownership of businesses is governed by the Foreign Investments Act, as amended, and the Foreign Investment Negative List, which identifies activities reserved to Filipinos or with foreign-ownership caps. Recent amendments to the Public Service Act opened more sectors to foreign ownership. Structure the business correctly from the start.
Working in the Philippines
Foreigners who will work in the Philippines generally need an Alien Employment Permit from DOLE and the appropriate work visa from the Bureau of Immigration. Working without the proper permit can lead to fines, deportation, and blacklisting.
Marriage and foreign divorce
The Philippines recognizes a divorce validly obtained abroad involving a Filipino and a foreign spouse, but the Filipino spouse must first have it judicially recognized by a Philippine court before remarrying. In Republic v. Manalo (2018), the Supreme Court held that this applies even when the Filipino spouse initiated the divorce abroad. A foreigner married to a Filipino may also be affected by Philippine rules on property relations and support.
If a foreigner is arrested
- The right to remain silent and to competent and independent counsel
- The right to an interpreter if the person does not understand the language used
- The right to have their embassy or consulate informed
- The right to bail, under the same rules that apply to Filipinos
Separately, the Bureau of Immigration may start deportation proceedings, which are administrative in nature and may run alongside a criminal case.
Before relying on this guide: Rules on leases, foreign investment, and visas change. Confirm current requirements before relying on this guide.
Frequently asked questions
Can my Filipino spouse buy land and put it in both our names?
Land cannot be registered in the foreign spouse's name. The Filipino spouse may acquire land, but the foreign spouse generally cannot claim ownership of it, even if the foreign spouse paid for it.
Can a foreigner inherit land?
Yes, but only through hereditary succession, meaning inheritance as a legal heir. Acquisition by will in favor of a foreigner who is not a legal heir is treated differently.
Can a foreigner own a condominium unit outright?
Yes, as long as foreign ownership in the condominium project does not exceed 40%.
My foreign spouse divorced me abroad. Am I free to remarry in the Philippines?
Not yet. The foreign divorce must first be recognized by a Philippine court and the judgment registered with the civil registry.