Foreigners can inherit private lands in the Philippines

See - Foreigners can inherit private lands in the Philippines

http://www.guampdn.com/story/news/local/bayanihan/2016/09/17/foreigners-can-inherit-private-lands-philippines/89947474/

"x x x.

The 1987 Philippine Constitution allows the acquiring of private lands by foreigners through inheritance or succession, which is an exception rather than the general rule. For this reason the Philippine Supreme Court, in construing the primary law, restricted it to a situation where the deceased left no last will and testament. This is to avoid an indirect circumvention of the prohibition on acquisition of private lands by foreigners.

How is this possible? The deceased person may have priorly acquired private lands in the Philippines while he or she was still a Filipino citizen, and then married a foreigner. The other instance is when children are born after the deceased got naturalized and he or she did not apply for re-acquisition of Philippine citizenship.

Then we turn to the next question on how the foreigner can get his or her inheritance. First of all, the foreigner must have capacity to succeed (inherit) in accordance with the national law of the decedent. After this is complied with, if there is only one heir, the said heir needs to execute an Affidavit of Adjudication by Sole Heir. In contrast, when there are more than one heir and they agree among themselves to partition the estate of the deceased, they are required under Philippine law to execute an Extrajudicial Settlement of Estate with Partition. In either case, it's required that the decedent have no debts or, if he or she left debts, that they be fully paid.

After which, either document (Affidavit of Adjudication or Extrajudicial Settlement) needs to be published once a week for three consecutive weeks in a newspaper of general circulation in the province or city where the deceased last resided. Simultaneous with this requirement is that the foreigner must submit a Notice of Death within two months from the fact of death, and pay within six months from the required tax by filing an Estate Tax Return, together with supporting documents, with the Regional District Office of the Philippine Bureau of Internal Revenue.

x x x."