Short answer

Land: the constitutional ban

• Art. XII Sec. 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", i.e. Filipino citizens and corporations at least 60% Filipino-owned.
• Sec. 8: a natural-born Filipino who lost citizenship may acquire private land, "subject to limitations provided by law" (the area limits are set by statute; we did not verify current caps [unverified]).
• The Supreme Court in Muller v. Muller restated that aliens "are disqualified from acquiring private lands."

Sources: 1987 Constitution, Art. XII, Muller v. Muller, G.R. 149615 (2006).

Condos and the 40% foreign-ownership cap

• RA 4726 Sec. 5: where a condominium corporation holds the common areas (including the land), a unit transfer is invalid if it would push alien interest in that corporation "to exceed the limits imposed by existing laws." Where unit owners co-own the common areas directly, units can go only to Filipinos or 60%-Filipino corporations.
• The Supreme Court in Hulst v. PR Builders explained the Act "expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40%" of the corporation's capital stock. The land stays with the Filipino-controlled corporation.
• Practical: ask the developer or building admin for the current foreign-ownership percentage before paying a reservation fee, and have the title checked.

Sources: RA 4726 (Condominium Act), Hulst v. PR Builders, G.R. 156364 (2008).

Leasing land

• PD 471 Sec. 1: leases of private land to aliens may run up to 25 years, renewable for another 25 by mutual agreement.
• RA 12252 (Sept 3, 2025) amended the Investors' Lease Act: foreign investors with an approved and registered investment may lease private land for an aggregate of up to 99 years, used solely for that investment and registered on the title. This is for investment projects, not a typical retirement home.

Sources: PD 471 (1974), RA 12252 (2025).

Buying through a Filipino spouse

• A Filipino spouse can own land in their own name. The foreign spouse cannot be a co-owner of the land, whatever the marriage property regime.
• In Muller v. Muller, a German husband paid for land and a house titled to his Filipino wife; when the marriage ended, the Supreme Court denied him reimbursement for the land, reasoning that he could not recover indirectly what the Constitution bars him from owning directly.
• If the marriage ends or your spouse dies, your position depends on succession and family law. A foreign spouse may inherit by hereditary succession (Art. XII Sec. 7), but get a Philippine lawyer to set this up.

Sources: Muller v. Muller, G.R. 149615 (2006), 1987 Constitution, Art. XII.

Red flags

• Nominee/"dummy" arrangements where a Filipino holds land for a foreigner are illegal under the Anti-Dummy Law (CA 108) [unverified] penalties not checked.
• Corporations set up so a foreigner controls land through Filipino shareholders: high legal risk.
• Paying for land in a partner's name before marriage: see Muller.

Renting first

Most retirees rent for a year before buying. See rents by city in our cost of living guide and best places to retire. For large transfers, read sending money to the Philippines.

Planning a scouting trip?

Most people who retire here visit first, often for a month or more. Compare flights from the US to the Philippines on Kiwi.com · see our Flights to Manila guide · stay connected with an Airalo Philippines eSIM (eSIM guide). Arriving? Read NAIA airport guide and eTravel registration.

FAQ

• Can foreigners buy property in the Philippines?
  Foreigners can buy condominium units within the 40% foreign-ownership limit (RA 4726; Hulst v. PR Builders) but cannot own land except by hereditary succession (Constitution Art. XII Sec. 7).
• Can a foreigner own land if married to a Filipino?
  No. The Filipino spouse can own land in their own name; the foreign spouse cannot. In Muller v. Muller the Supreme Court denied a foreign husband reimbursement for land he paid for.
• How long can a foreigner lease land?
  Up to 25 years renewable once for 25 (PD 471). Foreign investors with registered investments may lease up to 99 years under RA 12252 (2025).
• Can former Filipinos buy land?
  Natural-born Filipinos who lost citizenship may acquire private land subject to limits set by law (Constitution Art. XII Sec. 8). Dual citizens who reacquired citizenship are Filipino citizens.