Can Dual-Citizen or “Half-Filipino” Heirs Inherit Land in the Philippines?

Last updated: September 7, 2025 (Philippine context). This is general information, not legal advice.

The short answer

Citizenship—not “blood quantum”—decides. If you are a Filipino citizen (including a dual citizen under R.A. 9225), you may inherit and own land in the Philippines without the special area limits that apply to former Filipinos who have not reacquired citizenship.
Foreign citizens (including “half-Filipinos” who are not Philippine citizens) may still acquire private land by hereditary succession (the constitutional exception), but they cannot acquire land by sale, donation, or other voluntary transfer. After inheriting, they may hold, enjoy, lease out, or sell the land—but only to persons/entities qualified to own land (i.e., Filipino citizens or Philippine-qualified corporations).
Former natural-born Filipinos who have NOT reacquired Philippine citizenship may (aside from inheriting) still purchase limited residential/business land under special statutes—but area caps apply. Reacquiring citizenship removes those caps.

Core legal pillars

1987 Constitution, Art. XII, Sec. 7
- Only Filipino citizens (and corporations at least 60% Filipino-owned) may acquire private lands “save in cases of hereditary succession.”
- That phrase creates the narrow door through which foreign citizens may validly take land as heirs.
Civil Code (succession, property, conflict of laws)
- Succession is a mode of acquiring ownership that occurs by operation of law at the moment of death (testate or intestate).
- Art. 16: Real property is generally subject to the law of the place where it is situated (lex situs). Successional rights (order, shares, intrinsic validity of testamentary provisions) are governed by the national law of the decedent, but local public-policy limits—like the constitutional ban on alien landownership—still apply.
R.A. 9225 (Citizenship Retention and Reacquisition Act of 2003)
- Natural-born Filipinos who became foreign citizens may reacquire Philippine citizenship and become dual citizens. Upon reacquisition, they again enjoy full property rights of Filipino citizens.
Special ownership statutes for former Filipinos (who have not reacquired citizenship)
- B.P. Blg. 185 (residential): up to 1,000 sq m urban or 1 hectare rural residential land.
- R.A. 7042 (Foreign Investments Act), as amended by R.A. 8179 (commercial/industrial): up to 5,000 sq m urban or 3 hectares rural for business use.
- These area caps disappear once the person reacquires Filipino citizenship under R.A. 9225.
Anti-Dummy Law (C.A. No. 108)
- Prohibits circumvention of nationality restrictions (e.g., putting land in a Filipino’s name while a foreigner is the true, beneficial owner). The hereditary succession exception does not authorize “work-arounds” for non-succession transfers.

Dual citizens: rights and practicalities

A dual citizen (Filipino + another country) is, for Philippine law, a Filipino.
Inheritance: same as any Filipino—no special caps.
Subsequent sale: you may sell to anyone qualified (Filipinos or qualified 60/40 corporations). You may also sell to a foreigner, but only if the sale is not land (e.g., you sell a condominium unit within the 40% foreign-ownership limit; see below). For land, buyers must be qualified.
Document basics: For transfers, registries typically ask for your Philippine passport or Identification Certificate (IC) under R.A. 9225, alongside the usual estate documents.

“Half-Filipino” heirs: focus on citizenship status

“Half-Filipino” is a colloquial description of parentage, but the law cares about citizenship:

If at least one parent is Filipino: Philippine law (1973 Constitution onward) follows jus sanguinis—the child is a Filipino at birth (subject to earlier election rules for those born before January 17, 1973 of a Filipino mother and foreign father).
If you are a Filipino citizen (even if you also hold another citizenship), you inherit land with no constitutional impediment.
If you are not a Filipino citizen, you may still inherit land under the hereditary succession exception, but you cannot buy more land.

Tip: If you’re eligible to reacquire or confirm Philippine citizenship (e.g., through R.A. 9225), doing so before or even after the death (when practicable) simplifies titling, subsequent transactions, and financing.

Testate vs. intestate: does the exception cover both?

The modern, mainstream view in practice treats “hereditary succession” as covering both testate (by will) and intestate (no will) succession.
Earlier restrictive readings existed; today, registries and courts commonly allow both—but if you anticipate a challenge (e.g., hostile co-heirs), get counsel to structure the estate plan carefully (e.g., use of wills, partition, or corporate/condo structures) to minimize litigation risk.

What foreign heirs (non-Filipino citizens) may and may not do

May:

Take title by succession (as heir or devisee/legatee).
Possess, use, lease out, mortgage, or sell the inherited property—but only to qualified buyers (Filipino citizens or qualified 60/40 corporations).
Be co-owners with Filipino heirs.

May NOT:

Purchase or receive by donation private land in the Philippines.
Assign or “renounce in favor of” another foreigner in a way that is, in substance, a sale or donation of land to an unqualified person (risk of nullity and Anti-Dummy exposure).

Practice note on renunciations/assignments: A broad “renunciation” without identifying a specific person is typically treated as a repudiation (you walk away). A renunciation in favor of a named co-heir—especially for value—is treated like a sale/assignment of hereditary rights. If the recipient is not qualified to own land, that instrument is vulnerable. Safer routes include: (1) partition so the land ends up with qualified heirs and the foreign heir gets cash or movable assets, or (2) sell to a qualified buyer and split the proceeds per shares.

Spouses, property regimes, and common pitfalls

A foreigner married to a Filipino cannot purchase land; titling land to the Filipino spouse using the foreign spouse merely as financier can be attacked as a dummy arrangement, with the foreign spouse unable to recover by reason of pari delicto (in equal fault).
On death, however, the surviving foreign spouse is a compulsory heir and may inherit land by hereditary succession (the constitutional exception). Expect careful scrutiny of property regimes (absolute community, conjugal partnership, or separation) and source of funds to characterize what actually falls into the estate.
If land was acquired during marriage and questions of illegality arise, courts may award value, not the land, to the foreign spouse, to avoid validating a prohibited acquisition while still addressing equities. Outcomes are fact-sensitive.

Condominiums vs. land

Condominium units: Foreigners may own condo units, provided that foreign ownership in the project does not exceed 40% (Condominium Act, R.A. 4726). Inheritance of condo units by foreigners is allowed, but the 40% cap must remain satisfied at the project level (developers/associations typically police compliance).
Landed houses: The land is the issue; a house may be owned, but land ownership follows the constitutional rules above.

Corporations, shares, and “accidental” breaches of the 60/40 rule

Land can be owned by a corporation that is at least 60% Filipino-owned (beneficial ownership) under constitutional and SEC nationality rules.
If foreign heirs inherit shares and the corporation’s Filipino equity drops below 60%, the company may lose its qualification to own land. The corporation usually must cure (e.g., sell land, re-balance ownership) within a reasonable period to avoid regulatory action.

Agrarian, homestead, and title-specific restrictions

Agricultural lands may be subject to CARP (R.A. 6657) constraints (e.g., retention limits, existing farmer-beneficiary rights). Heirs inherit subject to existing encumbrances and statutory regimes.
Homestead/free patent titles may carry anti-alienation periods. Succession is generally respected, but attempted sales or transfers within restricted periods can be void. Always check the face/annotations of the title and the law in force at issuance.

Taxes and paperwork (what heirs actually do)

Within 1 year from death: File the Estate Tax Return (BIR Form 1801) and pay estate tax (as of TRAIN Law, generally 6% of the net estate, with a ₱5M standard deduction and family home deduction up to ₱10M, among others). Penalties/interest apply if late, but BIR amnesties have occasionally been enacted—check current rules when you file.
Gather core documents: Death certificate, titles/tax declarations, TINs of heirs, proof of citizenship (passports/IC for duals), debts/expenses for deductions.
Choose the legal route:
- Extrajudicial Settlement (EJS) if no will, no outstanding debts, and all heirs agree (with publication once a week for 3 consecutive weeks); or
- Probate if there’s a will (local or reprobate of a foreign will).
Get BIR eCAR(s): The Electronic Certificate Authorizing Registration is required before the Register of Deeds (RD) transfers title(s).
Transfer of Title: Submit deed of extrajudicial settlement/partition or court decree, eCAR, tax clearance, latest real-property tax, and IDs to the RD for issuance of new TCT/CCT in the heirs’ names.
Post-transfer options: If a foreign citizen heir prefers not to hold land, either sell to a qualified buyer or swap for other estate assets in a partition so the land ends up with Filipino heirs.

Conflict-of-laws quick guide

Order of heirs & shares (e.g., legitime of spouse/children) generally follows the national law of the decedent (Civil Code Art. 16).
But capacity to own land in the Philippines is still constrained by Philippine constitutional policy. Result: a foreigner may be a valid heir under the decedent’s national law and still take Philippine land only because of the hereditary-succession exception—not because foreigners can generally own land.

Five frequent scenarios (and typical outcomes)

Dual-citizen child inherits parents’ house & lot. → Valid. Title transfers normally. Dual citizen is treated as Filipino.
“Half-Filipino” living abroad never held PH citizenship; inherits a farm. → Valid by hereditary succession. Heir may hold, lease, or sell only to a qualified buyer. Cannot buy additional land.
Foreign widower with Filipino children; family home titled to Filipino wife who has died. → Widower is a compulsory heir; under the exception, he can own his hereditary share in the land. Partition may allocate land to the children with cash equalization to the widower, depending on family strategy.
Former natural-born Filipino who never reacquired citizenship wants to buy a retirement lot. → Possible within area caps (B.P. 185 / R.A. 7042 as amended). If they reacquire citizenship, the caps vanish.
Foreign heir wants to renounce in favor of foreign sibling for cash. → Treated like a sale/assignment of land rights to an unqualified person → legally risky (possible nullity). Safer: sell to a qualified buyer and share proceeds, or partition so land goes to Filipino heirs and the foreign heir gets cash/movables.

Practical tips & safeguards

Clarify citizenship early. If eligible, reacquire/confirm Philippine citizenship before titling.
Mind the Anti-Dummy Law. Avoid arrangements where a foreigner is the hidden beneficial owner of land.
Read the title. Look for annotations/restrictions (CARP, liens, homestead conditions).
Use partitions wisely. Allocate land to qualified heirs; give cash or movables to foreign heirs to simplify future transactions.
Corporation route? Only if ≥60% Filipino-owned in beneficial as well as voting terms.
Condo workaround: If land ownership is the sticking point and you prefer real estate exposure, a condo (within the 40% foreign cap) is often simpler for foreign heirs/investors.
Tax timelines: Estate tax within 1 year; eCAR before RD transfer; late filings face surcharges and interest.
Overseas heirs: Prepare apostilled documents and Special Powers of Attorney for local representatives.

Bottom line

Dual citizens are treated as Filipinos for land: inheritance and subsequent dealings are straightforward.
Non-citizen “half-Filipinos” (and other foreigners) can inherit land under the constitutional exception, but they can’t buy land and must sell only to qualified buyers if they choose to divest.
Smart planning (citizenship, partition design, and compliance with title-specific limits) prevents costly detours later.

Need a tailored plan?

If you want, tell me your (a) citizenship status, (b) how you’re related to the decedent, (c) what kind of land it is (residential/agricultural/condo), and (d) whether there’s a will. I can map the exact steps and documentary checklist for your case.