Succession & Estate Law in the Philippines

[Girl_going_home]

Hi I'm a  Filipino dual citizen PH/USA.  My American (non Filipino) husband and I recently purchase land in Cavite which is solely in my name of course.  We plan on building a home on the land which we could put in my husbands name.  My husband and I have one child together (lagit),  American born but has a PH passport so I believe she is dual citizen as well.  My parents are still alive and I have 3 siblings.  all of which live in the US.  Once my husband and I move to our land he will apply for 13A.  My question is if I were to pass before him who gets the land?  My hope is it would go to my husband and our daughter and not my parents and siblings.  Appreciate your input.

Thank you

[Old55]

2 hours ago, Girl_going_home said:

Hi I'm a  Filipino dual citizen PH/USA.  My American (non Filipino) husband and I recently purchase land in Cavite which is solely in my name of course.  We plan on building a home on the land which we could put in my husbands name.  My husband and I have one child together (lagit),  American born but has a PH passport so I believe she is dual citizen as well.  My parents are still alive and I have 3 siblings.  all of which live in the US.  Once my husband and I move to our land he will apply for 13A.  My question is if I were to pass before him who gets the land?  My hope is it would go to my husband and our daughter and not my parents and siblings.  Appreciate your input.

Thank you

Do you have a will made out?

If you haven't applied for citizenship for your daughter then she is not a Filipino citizen. Not sure how she would have a Filipino passport if she was born in the US.

[Girl_going_home]

On 12/11/2021 at 5:21 PM, Old55 said:

If you haven't applied for citizenship for your daughter then she is not a Filipino citizen. Not sure how she would have a Filipino passport if she was born in the US.

I was born in the Philippines.  Came to America and married a US Citizen.  Lost my Philippine Nationality by becoming a US Citizen.  Then I applied for Dual Citizenship.  I was told that an American born Filipino child who has one parent who was born in the Philippines could also apply for Dual Citizenship.  The Philippines Consulate in SF granted my daughter a Philippines passport.  Strange that there was no other paper work to prove she is a Philippines Citizen.   Maybe someone else has more knowledge.  In terms of a Will, I was told it did not matter, the succession of land rights trumps a will.  

[Viking]

On 12/11/2021 at 11:44 PM, Girl_going_home said:

Hi I'm a  Filipino dual citizen PH/USA.  My American (non Filipino) husband and I recently purchase land in Cavite which is solely in my name of course.  We plan on building a home on the land which we could put in my husbands name.  My husband and I have one child together (lagit),  American born but has a PH passport so I believe she is dual citizen as well.  My parents are still alive and I have 3 siblings.  all of which live in the US.  Once my husband and I move to our land he will apply for 13A.  My question is if I were to pass before him who gets the land?  My hope is it would go to my husband and our daughter and not my parents and siblings.  Appreciate your input.

Thank you

This was the best I could find. I hope it will help you.

There is many different cases you can study.

https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/

 

[Mike J]

5 hours ago, Girl_going_home said:

The Philippines Consulate in SF granted my daughter a Philippines passport.  Strange that there was no other paper work to prove she is a Philippines Citizen.   Maybe someone else has more knowledge.

I did a little bit of research.  When a Philippine citizen applies for US citizenship they are required to give up their Philippine citizenship which also invalidates their Philippine passport.  After gaining back their PH citizenship they can apply for a new PH passport if desired.   

A baby born to a Philippine citizen is granted PH citizenship at birth as written in Philippine law;

<snip>   Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. The Philippine adheres to this principle.  <end snip>  snip taken from source document  https://immigration.gov.ph/faqs/citizenship

Being born in the USA your daughter is a USA citizen, being born of a Philippine parent she is also a Philippine citizen and entitled to a PH passport. 

[Girl_going_home]

19 hours ago, Viking said:

This was the best I could find. I hope it will help you.

There is many different cases you can study.

https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/

That explains it all.  Thank you

[intrepid]

On 12/13/2021 at 5:55 AM, Mike J said:

I did a little bit of research.  When a Philippine citizen applies for US citizenship they are required to give up their Philippine citizenship which also invalidates their Philippine passport.  After gaining back their PH citizenship they can apply for a new PH passport if desired.   

A baby born to a Philippine citizen is granted PH citizenship at birth as written in Philippine law;

<snip>   Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. The Philippine adheres to this principle.  <end snip>  snip taken from source document  https://immigration.gov.ph/faqs/citizenship

Being born in the USA your daughter is a USA citizen, being born of a Philippine parent she is also a Philippine citizen and entitled to a PH passport. 

This is 100% correct Mike J.  That was how it worked with my wife and then with my daughter who was born in the USA.  Once we moved to the Philippines we/she never had an issue with any of the documents at any government agency including registering her as a Philippine citizen for school.  Both my wife and daughter are dual citizens.

 

Edited December 14, 2021 by intrepid

[RBM]

Wonder if anyone has any experience with holographic will, was quoted a rather expensive price from an attorney here to make out a will. Also very complicated, this holographic will appears legal and easy.

[Snowy79]

2 hours ago, RBM said:

Wonder if anyone has any experience with holographic will, was quoted a rather expensive price from an attorney here to make out a will. Also very complicated, this holographic will appears legal and easy.

Apparently a holographic will just requires the person making it to be written, signed and dated on each page and no witnesses are required as per Civil Code 810. 

Best to have at least 3 witnesses though who can prove it was written and signed by yourself.

Art. 810. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. (678, 688a) https://www.chanrobles.com/civilcodeofthephilippinesbook3.htm

[Kingpin]

On 7/30/2017 at 11:55 AM, Jack Peterson said:

under new Rules  You will be Granted right to own that House and Lot for your Lifetime, You can't sell it or will it, Then it passes onto the Inheritance Law

If "You" = the foreign widower, please link  a source.