Real Estate 101

Who can own land in the Philippines?
Acquisition and ownership of private lands in the Philippines is limited and/or reserved to Filipinos or to Corporations or partnerships where at lease 60% of the authorized capital of which is owned by Filipino citizens, except:
1.When such property is acquired prior to the 1973 Constitution;
2.Acquisition by an alien or foreigner by hereditary succession;
3.Aliens/foreigners owning not more than 40% interest in a condominium project pursuant to RA 4726;
4.Where a former natural born Filipino who became a citizen of another country but is now returning to the Philippines to reside hereat permanently. Hence, may acquire through sale, donation, or through a tax sale, foreclosure sale, or execution sale not more than 1,000 sq. m. for urban land or not more than 10,000 sq. m. for rural land to be used solely for residential purposes and subject to other limitations and requirements as provided under the law (Batas Pambansa No. 185);
5.A Filipina who marries an alien retains her Philippine citizenship (to avoid being stateless) unless by her own act or omission she is deemed to have renounced her Filipino citizenship, may acquire and own private lands in the Philippines.

What are the bundle of rights of property ownership?
The bundle of rights theory inherent to property ownership are
- the right to use (Jus-Utendi),
- the right to enjoy the fruits of (Jus-Fruendi),
- the right to dispose (Jus-Disponendi),
- the right to abuse (Jus-Abutendi),
- the right to recover (Jus-Vindicandi), and
-the right to possess (Jus-Possidendi).

The rights incident to ownership are, the right:
1.to enjoy and dispose of a property without other limitations than those established by law;
2.to file action against third parties to recover ownership;
3.to use force as may be reasonably necessary to repeal or prevent an actual or threatened unlawful invasion or usurpation of his property (Art. 429, NCC, relate to Art. 312, RPC);
4.the right to enclose or fence property - walls ditches, live or dead hedges - or by any other means without detriment of servitudes constituted thereon;
5.to demand indemnity for damages caused to property;
6.the right to compensation in the event of expropriation;
7.the right to be restored to possession in case of unlawful dispossession;
8.the right to the surface and subsurface of the land, right to construct thereon any works, plantation and excavation without detriment to servitude and subject to special laws and without right to complain of the reasonable requirements of aerial navigation;
9.the right to hidden treasure;
10the right to accession and fruits of the property;
11.the right to "quiet title" to real property or any interest therein.