My Autobiography: David Balleza K(C)atague: Buying Real Estate in the Philippines for Foreign Citizens

Monday, August 10, 2015

Buying Real Estate in the Philippines for Foreign Citizens

I have been asked by friends and relatives if our three children can owned land in the Philippines since they are US citizens by birth.

Our children were born in the US when my wife and I were still Filipino citizens residing in US as Permanent residents. The following from pinoymoneytalk.com answers the above question.

1. Can I purchase several lots located in different cities and municipalities if the total area of all lots does not exceed 5,000 square meters of urban land or three hectares of rural land?

Answer: A former natural-born Philippine citizen can acquire not more than two lots situated in different municipalities or cities and the total area of the two lots should not exceed 5,000 square meters of urban land or three hectares of rural land.

2.If I am allowed to own a maximum of two lots situated in different municipalities or cities, can I own a 5,000-square-meter urban lot in Quezon City and three hectares of rural land and vice versa.

Answer: No. A former natural-born Philippine citizen who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.

3 When my children were born, I was already an American citizen. Can they inherit my land in the Philippines?

Answer: Yes. Foreign nationals (even if they were not former natural-born Philippine citizens) can own land in the Philippines if they acquire it by inheritance. These nationals should, however, inherit the property by intestate succession. Intestate succession means that the foreign national inherits the property because he/she is an heir under Philippine law. Naming one’s heir by executing a “last Will and Testament” or a “Living Will” will not work to validly transfer real property in the Philippines to a foreign national.

4. My husband is a natural-born American citizen. Can he buy a condominium unit in the Philippines and have the title in his name?

Answer: Yes. The land on which a condominium building stands is always owned by a condominium corporation. When a person buys a condominium unit, he automatically becomes a stock-holder in the corporation which owns the land. Under Philippine law, foreigners are allowed to become stockholders of a corporation which own land but only up to a maximum of forty percent (40%) of the shares of the corporation. Foreigners, therefore, are allowed to own condominium units provided the total floor area owned by all foreigners in the condominium building does not exceed forty percent (40%).

Here are additional information regarding citizenship relevant to Filipino expats with children born outside of the Philippines.

1. What are the conditions that should be met for my child to be deemed a Filipino citizen?

Answer: Your child is a Filipino citizen if he qualifies under any of the following conditions:

Your child was born after January 17, 1973, with a Filipino father or a Filipino mother. In other words, if a child was born after January 17, 1973, he is a Filipino citizen if he has at least one parent who is a Filipino citizen at the time of his birth;
Your child was born before January 17, 1973, with a Filipino mother and your child elected Philippine citizenship when he reached his 21st birthday. If your child was born before January 17, 1973, with a Filipino father, he is a Filipino citizen without any need of electing Filipino citizenship upon reaching the age of 21;

Incidentally, January 17, 1973, is the date when the 1973 Philippine Constitution came into effect; thus the importance of the date.

2. Our son was born in the US at the time when my wife and I were still Filipino citizens. One week after our son’s birth, however, my wife and I took our oath as US citizens. Did our son lose his Philippine citizenship when we became American citizens?

Answer: No. The child was vested with the Philippine citizenship at the time of his birth. He does not lose his Philippine citizenship even if the parents acquire foreign citizenship after his birth.

3. My daughter was born in the US at the time when my wife and I were still Filipino citizens. My daughter has been using a US passport for 20 years. She has never visited the Philippines. Is my daughter considered a Philippine citizen even if she already is an American citizen?

Answer: Yes. Philippine law allows dual citizenship. A child can both be an American citizen and a Filipino citizen at the same time. Under present laws, a person loses his Philippine citizenship if he renounces it. Using a US passport exclusively and not visiting Philippines does not amount to a renunciation of Philippine citizenship.

4. If my child is born in the US at the time when my wife and I are still Filipino citizens, what should we do to document his Philippine citizenship?

Answer: A copy of the child’s birth certificate should be submitted to the nearest Philippine consulate will transmit the birth certificate to the National Statistics Office in the Philippines for registration purposes.

5. If a child is born in the US at the time when his parents are still Filipino citizens, can he later on run for President of the Republic of the Philippines?

Answer: Yes, The child is a natural-born Filipino citizen. A natural-born Filipino citizen is one who does not have to do anything to acquire Philippine citizenship because he is a Filipino from birth. On the other hand, a naturalized Filipino citizen is one who has to undergo a naturalization proceeding to acquire Philippine citizenship. The distinction is important because only natural-born Filipino citizens can become President, Vice President, Senator, Congressman, Supreme Court Justice, and other propositions in constitutional bodies.

Source: pinoymoneytalk.com

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Highlights of My Professional Career

In my more than 40 years of professional career, I have experienced both working rank and file, as well as supervising the work of subordinates. I have worked in four private firms and the Federal Government, the Food and Drug Administration (FDA), where I retired. I enjoyed the challenges and difficulties of both types of job situations. This is the highlights of my work experience story.

My first job after completing my doctorate degree was a Chemist for Chemagro Corporation in Kansas City, Missouri. It was a subsidiary of Bayer Corporation, a German conglomerate. I worked for the analytical chemistry department comprised of about fifty people; half that number was either chemists or biologists. My specific task was to develop analytical methods for the detection of pesticide residues in plant and animal tissues. I worked on my own, similar to six other bench chemists, and we all reported to the same supervisor.

The firm sponsored my visa conversion from a student to a permanent resident, and I was able to legally work and reside in the United States with my family. The company generously took care of its employees. At the end of each successful year, everyone received a 13th month salary bonus. The employees and their families celebrated wonderful annual Christmas parties in a downtown Kansas City hotel, with dancing and free drinks for the whole night.

Inasmuch as I enjoyed and loved working for Chemagro for five years, I found a new job which offered a substantially higher pay. Due to my exemplary work performance, my supervisor preferred and lobbied for me to stay with the company. I had to turn him down because they could not match the package presented by my new employer. It was also a chance for me and my family to move and live in the US west coast, where the mild winter climate is bearable compared to the Midwest.

My next job was at the agricultural research division of Shell Development Company in Modesto, California. I was a Research Chemist, and again I worked individually, same as five other chemists who all reported to a supervisor. My specific duty was similar to my previous job. I worked for them for five years, until the company decided to get out of the pesticide business. They closed their research facility affecting the jobs of more than 200 employees.

My third industrial job was with the agricultural research division of Stauffer chemical company, located in Richmond, California. I was a Senior Research Chemist doing the same project as my two previous jobs. I worked for twelve continuous years for the company, with outstanding annual job performance. I became a Principal Research Chemist, the highest attainable non-supervisory position.

One day in 1986, my supervisor informed me that my job had been eliminated, and I had one day to vacate the facility. It was the most dreadful lay off experience in my life. I felt anger, sadness and humiliation to be dismissed from work with one day notice, after all the years of hard work invested for the company. This was an unforgettable incident and was the gloomiest point in my professional career.
The company terminated sixty research employees, who were upset of the bad news.

One of the chemists was distressed and expressed his outrageous anger by threatening the company and its workers. He told his supervisor of his intention to bomb and burn down the laboratory. He was immediately escorted by the security staff out of the building and into his car. He was informed to leave behind his personal belongings; they will be mailed to his residence. He was warned never to show up again near the company premises or risk getting arrested.

My supervisor was kind and allowed me to take my time to pack up my belongings. It took me two days to clear up my workplace, after toiling for a long period in the same jobsite. We were provided clerical help and office space, in preparation to look for another job, such as updating our resumes, and using the computer and copy machine. We were given six weeks of separation pay plus benefits.

Fortunately, with the help of a friend who is a Church parishioner, I found another job thirty days after leaving Stauffer chemical company. He hired me as a senior research chemist and as a group leader with two technicians to supervise. It was in the same field as my expertise in my previous three jobs spanning the last twenty one years. My new employer was Chevron Chemical Company, and which was located in the same area as my former employer.

This job gave me the introduction and basic knowledge of managing the work of subordinates. I worked for Chevron Company for four and a half years. The company decided to consolidate their research facilities in Texas, and lay off all its research employees. This time I had enough distress and agony from working, and eventually getting laid off from several private companies. To avoid going through any more miserable layoffs, I made a vow that I would never again work for a private company.

In my work experiences, there were noticeable and unavoidable jobsite occurrences. One can never miss the office romantic relationships between co-workers, both illicit and permitted. Though it was frowned upon, there was a boss and staff relationship, which was used as a ploy to get ahead in the company. Some relationships had chemistry, no pun intended, but some never worked out. Oftentimes, there was a sense of distrust among bench chemists for some workers who unjustly obtained preferred work assignments.

Some employees resorted to bribing superiors to get special privileges, such as being able to attend choice conferences and meetings in exciting venues or locations. Likewise, politics was always present at the worksites. It was during an era when various forms of harassment, equal opportunity and discrimination laws were not yet enforced in the workplace. Occasionally, an unexpected chemical explosion happens in a laboratory setting, where luckily no one got seriously hurt.

In the three private companies I worked for, I was able to publish scientific journals for some of the research studies and analytical methods which I developed for the respective companies of Chemagro, Shell Development and Stauffer.

After deciding and making a vow to avoid working in the private sector, I made my new goal which was either to work for the state of California, or the Federal government in Washington, D.C. Four months after I lost my job in Chevron, I was lucky and joyful to be hired by the Food and Drug Administration as a review chemist in the fall of 1990.

In 1994 I was promoted as an Expert Research Chemist with a GS-14 rating. My expertise was on Anti-malarial and Anti-parasitic drug products. In 1997, I was again deservingly promoted to Chemistry team leader, supervising the work of six Chemistry reviewers including five with doctorate degrees.

As team leader, I was responsible for prioritizing, assigning, and assuring the technical accuracy of all chemistry, manufacturing and control issues for all new drug applications submitted to the Division of Anti-Infective Drug Products, Center of New Drugs.

It was part of my responsibility to give advice, instruct and promote high morale and teamwork in my group. My work in the FDA is confidential, until the drug patent on the products I worked on has expired. There are manufacturing supplements that I have approved that are now open for the public in the Internet.

In 1998, I won the Equal Employment Opportunity (EEO) Award. The citation reads, “For outstanding accomplishments in fostering the objectives of the EEO Program by hiring minorities and encouraging their professional growth while providing excellent leadership.” I have received numerous certificates of appreciation, awards in leadership and communications, commendation for teamwork and excellence in the accomplishment of the FDA mission. I have also received several letters of appreciation from private industry for my review work.

There are many good things working as rank and file while enjoying doing one’s job individually. It is a humbling, satisfying and productive experience, if one can work in harmony with one’s immediate supervisor. Working individually develops one’s skills in goal setting and scheduling. But in general, the financial rewards are less than a person who has supervisory responsibilities.

Managing the work of others has its challenges. Moreover, it develops one’s skill in handling and developing people, and the compensation rewards and benefits are better. Due to additional duties, responsibilities and leadership, supervisory work can be more stressful than working as a subordinate. However, supervisory jobs give one more personal growth and satisfaction, based on my personal experience. My work in FDA as a team leader managing the work of six scientists had been the happiest and rewarding work experience in my career in Chemistry. You might also like:

Monday, August 10, 2015

Buying Real Estate in the Philippines for Foreign Citizens

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