Are there advantages or not?

Recommended Posts

Gratefuled
Posted
Posted
2 hours ago, Reboot said:

I'd really like to have dual citizenship. Or even a third country. There are plenty of benefits. Earn money somewhere without income tax

 

Looks like you have all the bases covered. Good luck. I'm not a gambler. I'm completely satisfied with my financial situation just the way it is.

Thanks

  • Like 1
Link to comment
Share on other sites

Gratefuled
Posted
Posted
4 minutes ago, Dave Hounddriver said:

Foreigners cannot own property.  

Oh, but condos are allowed. The foreigner can own a condo but not the property the condo sits on. A condo is different than a house on a lot. 

Someone correct me if I'm wrong. I've been wrong before.

I'm also known as HUMBLE- ED :whistling:

  • Like 2
Link to comment
Share on other sites

Dave Hounddriver
Posted
Posted
9 minutes ago, Gratefuled said:

Oh, but condos are allowed.

Yes, you are right.  (I went back to the post you quoted and I could see how it looks like I am saying the opposite, so I edited my post to agree with you.)

  • Like 1
Link to comment
Share on other sites

robert k
Posted
Posted (edited)
30 minutes ago, Gratefuled said:

Oh, but condos are allowed. The foreigner can own a condo but not the property the condo sits on. A condo is different than a house on a lot. 

Someone correct me if I'm wrong. I've been wrong before.

I'm also known as HUMBLE- ED :whistling:

Ed, property rights are not well understood by people in the US, even those who own land, and whether a condo can be determined to be land in the Philippines is beyond my expertise but it possibly could be.

In the US, "land" is often described as the bundle of sticks. One "stick" would be the surface. Another stick would be minerals under it, or water also referred to as riparian rights, even pore space underground, which might be used to store anything from CO2 gas, waste water, to you name it. There is the executive right, the right to decide what to do with or to dispose "sell" one or all of the rights. As all of the bundle of sticks stem from "land" they are all considered "land".

If you own land in fee simple with no burdens, you own all of it. You could sell the executive right (do not actually do this, but you could) to your land to someone and it would be heritable, meaning the buyer's children would inherit the right. I own quite a bit of land but no surface currently. If I'm ever chatting with a judge in the Philippines I may ask his opinion of "land" and what constitutes it.

Edited by robert k
Link to comment
Share on other sites

DonJuanMatus
Posted
Posted
3 hours ago, JJReyes said:

I have met several rich individuals who have no tax jurisdiction. One strategy is never to stay in a particular country more than 180 days in a single calendar year. The IRS can tax global income if the individual was in the United States for 180 plus 1 day, even if the person was here as a visitor

Unless they have changed the tax rules, my recollection is Australians who earn their living outside of Australia don't have to pay income tax on the money. The reason is to avoid double taxation. A close friend is Chinese Filipino who became an Australian citizen and worked in Taiwan as in-country representative of a US major corporation whose Asian subsidiary was domiciled in Hong Kong. He pays no personal income tax.

 

 

 

It's my understanding the only way to avoid IRS income tax is if you don't reside in the US for more then 30 days.  Maybe it's 33 days, but that's splitting hairs.

Link to comment
Share on other sites

robert k
Posted
Posted
3 hours ago, Dave Hounddriver said:

I've seen that discussed before and, if memory serve, they consider a condo, (which foreigners are allowed to own), to be property and they may consider the foreigner's name on his wife's title to be owning property.

But think about what you just wrote.  Foreigners cannot own property.  Foreigners cannot apply for citizenship without owning property.  Thus to take your comments to their logical conclusion, it is not possible for foreigners to become citizens.  Thats Catch 22.

Dave, there is usually in law a point where a judge may dismiss part of a law if it's required to make a law to make sense, or if a part of a law would be unconstitutional. A judge may just rule that because the law requires one to own land as a prerequisite to gaining Philippine citizenship that the condo may be good enough since that is the only real property a foreigner may own.

  • Like 1
Link to comment
Share on other sites

Gratefuled
Posted
Posted
4 hours ago, robert k said:

Ed, property rights are not well understood by people in the US, even those who own property.

Yes, you are correct. One example is the adjacent to their property. In the city, it belongs to the city. Then, there's the fact that one can be given market value for their property and relinquish it for the purpose of building a freeway. Many low housing areas have been cleared for this purpose and other reasons. 

Redlands, California has had a slow growth initiative for many years to avoid apartments and low rent housing developments. Property values go down with apartments around. Many nice homes in Redlands were built around the turn of the century 1800/1900 and want to preserve their heritage. 

Link to comment
Share on other sites

Methersgate
Posted
Posted (edited)

It is very difficult for a foreigner to acquire Filipino citizenship. I have known three men who achieved it. 

Start here:
 

Section 1. Title of Act. – This Act shall be known and may be cited as the "Revised Naturalization Law."

Section 2. Qualifications. – Subject to section four of this Act, any person having the following qualifications may become a citizen of the Philippines by naturalization:

First. He must be not less than twenty-one years of age on the day of the hearing of the petition;

Second. He must have resided in the Philippines for a continuous period of not less than ten years;

Third. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.

Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;

Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and

Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.

Section 3. Special qualifications. The ten years of continuous residence required under the second condition of the last preceding section shall be understood as reduced to five years for any petitioner having any of the following qualifications:

  1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof;

  2. Having established a new industry or introduced a useful invention in the Philippines;

  3. Being married to a Filipino woman;

  4. Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;

  5. Having been born in the Philippines.

Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens:

  1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

  2. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;

  3. Polygamists or believers in the practice of polygamy;

  4. Persons convicted of crimes involving moral turpitude;

  5. Persons suffering from mental alienation or incurable contagious diseases;

  6. Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;

  7. Citizens or subjects of nations with whom the United States and the Philippines are at war, during the period of such war;

  8. Citizens or subjects of a foreign country other than the United States whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.

Section 5. Declaration of intention. – One year prior to the filing of his petition for admission to Philippine citizenship, the applicant for Philippine citizenship shall file with the Bureau of Justice a declaration under oath that it is bona fide his intention to become a citizen of the Philippines. Such declaration shall set forth name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the Philippines, and the place of residence in the Philippines at the time of making the declaration. No declaration shall be valid until lawful entry for permanent residence has been established and a certificate showing the date, place, and manner of his arrival has been issued. The declarant must also state that he has enrolled his minor children, if any, in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where Philippine history, government, and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen. Each declarant must furnish two photographs of himself.

Section 6. Persons exempt from requirement to make a declaration of intention. – Persons born in the Philippines and have received their primary and secondary education in public schools or those recognized by the Government and not limited to any race or nationality, and those who have resided continuously in the Philippines for a period of thirty years or more before filing their application, may be naturalized without having to make a declaration of intention upon complying with the other requirements of this Act. To such requirements shall be added that which establishes that the applicant has given primary and secondary education to all his children in the public schools or in private schools recognized by the Government and not limited to any race or nationality. The same shall be understood applicable with respect to the widow and minor children of an alien who has declared his intention to become a citizen of the Philippines, and dies before he is actually naturalized.

Section 7. Petition for citizenship. – Any person desiring to acquire Philippine citizenship shall file with the competent court, a petition in triplicate, accompanied by two photographs of the petitioner, setting forth his name and surname; his present and former places of residence; his occupation; the place and date of his birth; whether single or married and the father of children, the name, age, birthplace and residence of the wife and of each of the children; the approximate date of his or her arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the ship on which he came; a declaration that he has the qualifications required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act; that he has complied with the requirements of section five of this Act; and that he will reside continuously in the Philippines from the date of the filing of the petition up to the time of his admission to Philippine citizenship. The petition must be signed by the applicant in his own handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for the period of time required by this Act and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Act. The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of arrival, and the declaration of intention must be made part of the petition.

Section 8. Competent court.—The Court of First Instance of the province in which the petitioner has resided at least one year immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition.

Section 9. Notification and appearance.—Immediately upon the filing of a petition, it shall be the duty of the clerk of the court to publish the same at petitioner's expense, once a week for three consecutive weeks, in the Official Gazette, and in one of the newspapers of general circulation in the province where the petitioner resides, and to have copies of said petition and a general notice of the hearing posted in a public and conspicuous place in his office or in the building where said office is located, setting forth in such notice the name, birthplace and residence of the petitioner, the date and place of his arrival in the Philippines, the names of the witnesses whom the petitioner proposes to introduce in support of his petition, and the date of the hearing of the petition, which hearing shall not be held within ninety days from the date of the last publication of the notice. The clerk shall, as soon as possible, forward copies of the petition, the sentence, the naturalization certificate, and other pertinent data to the Department of the Interior, 7 the Bureau of Justice,8 the Provincial Inspector9 of the Philippine Constabulary of the province and the justice of the peace10 of the municipality wherein the petitioner resides.

Section 10. Hearing of the petition.—No petition shall be heard within the thirty days preceding any election. The hearing shall be public, and the Solicitor-General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of the Commonwealth11 of the Philippines at all the proceedings and at the hearing. If, after the hearing, the court believes, in view of the evidence taken, that the petitioner has all the qualifications required by, and none of the disqualifications specified in this Act and has complied with all requisites herein established, it shall order the proper naturalization certificate to be issued and the registration of the said naturalization certificate in the proper civil registry as required in section ten of Act Numbered Three thousand seven hundred and fifty-three.

Section 11. Appeal.—The final sentence may, at the instance of either of the parties, be appealed to the Supreme Court.

Section 12. Issuance of the Certificate of Naturalization.—If, after the lapse of thirty days from and after the date on which the parties were notified of the Court, no appeal has been filed, or if, upon appeal, the decision of the court has been confirmed by the Supreme Court, and the said decision has become final, the clerk of the court which heard the petition shall issue to the petitioner a naturalization certificate which shall, among other things, state the following: The file number of the petition, the number of the naturalization certificate, the signature of the person naturalized affixed in the presence of the clerk of the court, the personal circumstances of the person naturalized, the dates on which his declaration of intention and petition were filed, the date of the decision granting the petition, and the name of the judge who rendered the decision. A photograph of the petitioner with the dry seal affixed thereto of the court which granted the petition, must be affixed to the certificate.

Before the naturalization certificate is issued, the petitioner shall, in open court, take the following oath:

"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly to the . . . . . . . . . . . . . . . . . . of which at this time I am a subject or citizen; that I will support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Commonwealth of the Philippines; [and I hereby declare that I recognize and accept the supreme authority of the United States of America in the Philippines and will maintain true faith and allegiance thereto;and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.

"So help me God."

Section 13. Record books.—The clerk of the court shall keep two books; one in which the petition and declarations of intention shall be recorded in chronological order, noting all proceedings thereof from the filing of the petition to the final issuance of the naturalization certificate; and another, which shall be a record of naturalization certificates each page of which shall have a duplicate which shall be duly attested by the clerk of the court and delivered to the petitioner.

Section 14. Fees.—The clerk of the Court of First Instance shall charge as fees for recording a petition for naturalization and for the proceedings in connection therewith, including the issuance of the certificate, the sum of thirty pesos.

The Clerk of the Supreme Court shall collect for each appeal and for the services rendered by him in connection therewith, the sum of twenty-four pesos.

Section 15. Effect of the naturalization on wife and children.—Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.

Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof.

A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age.

 

Note the "Good Character" requirement.


"He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living."

This must be evidenced by persons of good standing in the community. and of course anyone whom you have annoyed may give evidence against you.

And the requirement to have enrolled all your children in Filipino schools...


 

Edited by Methersgate
to remove links
  • Like 1
Link to comment
Share on other sites

Methersgate
Posted
Posted

It may be noted that this is a bit "sexist" - it assumes that the application for Filipino citizenship shall come from a man and it states that any woman who marries a Filipino automatically becomes a citizen.

Its an old law (RA 473iirc) but still in force.

So, all you need to do is to marry a Filipina (most of us have managed that part...) and conduct yourself irreproachably for five years whilst educating all your children in Filipino schools. That's the hard part.

 

Link to comment
Share on other sites

robert k
Posted
Posted
36 minutes ago, Methersgate said:

It may be noted that this is a bit "sexist" - it assumes that the application for Filipino citizenship shall come from a man and it states that any woman who marries a Filipino automatically becomes a citizen.

Its an old law (RA 473iirc) but still in force.

So, all you need to do is to marry a Filipina (most of us have managed that part...) and conduct yourself irreproachably for five years whilst educating all your children in Filipino schools. That's the hard part.

 

Minor children, if any, and of school age...I believe are the operative quotes.

If you can't make two friends of good public standing in 5 years, I would believe there would be something wrong with you. I see no reason to invite anyone who would evince against you and how are they going to know? I doubt there will be a public proclamation.

The real estate clause is good. I like that it says real estate and not "land"..."or have some known lucrative trade, profession or lawful occupation." So one doesn't actually need to own real estate. The law did not state that you must practice said trade in the Philippines, did it?

The tough part for me would be learning a new language as I barely speak americanized english and it's my native tongue. I have been told that my few phrases in Tagalog are pretty good but I discount all flattery by 9/10ths.

 

  • Like 1
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...