Foreigners can own properties through hereditary successionDear PAO,Is a non-Filipino citizen, who is instituted in a last will and testament, entitled to better rights than the compulsory heirs who are Filipino citizens? The provision of the Constitution is clear that even non-Filipino citizens can own real properties in the Philippines by virtue of hereditary succession. Legitime is that part of the testator’s property that he cannot dispose of because the law has reserved if for the compulsory heirs (Article 886, Ibid.). Therefore, if the instituted heir is not a compulsory heir as enumerated under the law, he has no better right than the compulsory heirs and his institution may be annulled if the rights of the compulsory heirs are prejudiced. BryanDear Bryan,Before we can determine who has the better right between an instituted heir and a compulsory heir, we have to be informed of the attendant facts and circumstances which you failed to disclose in your query.
Source: Manila Times August 06, 2016 13:52 UTC