Insights · 17 guides

Foreign Ownership & Property

What foreigners can own — shares, land, leases, and real estate — and the limits that apply.

Related practice areas: Real Estate · Corporation and Special Projects

Foreign Ownership & Property · June 11, 2026

Neunzig v. Court of Appeals and the Void-Ab-Initio Doctrine: What Foreign Investors Must Learn from the Philippines' Hardest Line on Foreign Land Ownership

The Supreme Court's February 2025 ruling in G.R. No. 260983 (Klaus Peter Neunzig v. Hon. Court of Appeals and Rossana Balcom-Doring) declared simulated land contracts void ab initio, applied the in pari delicto doctrine to deny both parties any legal recourse, referred the case to the Solicitor General for possible escheat or forfeiture of the land, and referred the foreign investor, his Filipino nominee, and the notary to the Department of Justice for possible prosecution. This article analyzes the decision, the constitutional framework it applied, and the legitimate legal structures available to foreign nationals seeking Philippine real property in 2026.

Jose Ben Campos

Foreign Ownership & Property · June 9, 2026

The 13th Foreign Investment Negative List: What Foreign Investors Must Know Under Executive Order No. 113 (Effective May 2, 2026)

Executive Order No. 113, Series of 2026, promulgates the Thirteenth Regular Foreign Investment Negative List. Signed on April 13, 2026, published on April 17, and effective May 2, 2026, it replaces the 12th list issued in 2022 and changes the rules for retail trade, telecommunications, renewable energy and defense materiel. This guide explains how the Negative List works, what changed, what stays restricted, how the Anti-Dummy Law and the SEC's HARBOR beneficial ownership registry apply alongside it, how BIR RMC No. 24-2026 treats cross-border service fees, and the practical steps for structuring an investment under the new rules.

Daniel John Fordan

Foreign Ownership & Property · June 2, 2026

Philippine REITs for Foreign Investors in 2026: A Guide to SEC Memorandum Circular No. 1 and Strategic Property Investment

The SEC's January 2026 revisions to the REIT Rules — SEC Memorandum Circular No. 1, Series of 2026 — are the latest revision of the Philippine REIT rules. For foreign investors seeking exposure to Philippine income-generating real estate, the new rules expressly list infrastructure and logistics assets as sources of REIT income, let REITs hold assets through unlisted special purpose vehicles and joint ventures, and give sponsors two years to reinvest. This article explains how foreign nationals and foreign-incorporated entities can legally invest in, sponsor, or structure a Philippine REIT in 2026 — covering the expanded qualifying assets, the 60/40 Filipino ownership rule and leasehold-only structures under RA 9856, beneficial ownership reporting under the separate HARBOR registry, tax treatment of REIT dividends and gains, the PSE brokerage account opening process, and a compliance checklist.

Garreth-Daniel Tungol

Foreign Ownership & Property · May 4, 2026

The Anti-Dummy Law and Beneficial Ownership Transparency: What Every Foreign Investor in the Philippines Must Know in 2026

Commonwealth Act No. 108 — the Anti-Dummy Law — remains one of the most consequential and least understood statutes governing foreign business activity in the Philippines. Against the backdrop of the Philippines' liberalized investment climate and the Securities and Exchange Commission's Memorandum Circular No. 15, Series of 2025 establishing the Beneficial Ownership Disclosure Rules of 2026, beneficial ownership is now on the record with the SEC. This article explains the Anti-Dummy Law's statutory framework, the sectors it continues to affect despite recent reforms, the mechanics of beneficial ownership reporting under the new SEC rules, the criminal and civil consequences of violations, and a practical compliance roadmap for foreign investors seeking to establish or maintain a lawful presence in the Philippine market.

Joren Lex Tan

Foreign Ownership & Property · April 16, 2026

Foreign Ownership Rights in the Philippines: A 2026 Legal Guide to What Foreign Investors Can and Cannot Own

From 100% ownership in export enterprises to zero equity in mass media, Philippine foreign ownership rules are a patchwork of constitutional provisions, statutes, and administrative orders that have evolved significantly since RA 11647 and RA 11595. This guide breaks down exactly what foreign investors can own, in what percentage, and under what conditions — with detailed analysis of the Foreign Investment Negative List, public utility restrictions, retail trade thresholds, land ownership rules, and the sector-specific nuances that every foreign investor must understand before committing capital.

Jennifer Denise Gueco

Foreign Ownership & Property · February 27, 2026

Foreign Ownership in Philippine Retail Trade: A Legal Guide to RA 11595 and the Retail Trade Liberalization Act

A legal guide to foreign ownership in Philippine retail trade — covering Republic Act No. 11595, the amended Retail Trade Liberalization Act, minimum paid-up capital requirements, reciprocity conditions, DTI and SEC registration, the IRR, penalties for non-compliance, and practical strategies for foreign retailers entering the Philippine market.

Joren Lex Tan

Regulated Sectors · April 2, 2026

Foreign Investment in Philippine Renewable Energy: A Legal Guide to 100% Ownership, Service Contracts, and Fiscal Incentives

The Philippines now allows 100% foreign ownership in solar, wind, hydro, and ocean energy projects. This guide covers the legal basis under DOJ Opinion No. 21, DOE Circular No. DC2022-11-0034, the Revised Omnibus Guidelines, RA 9513 fiscal incentives, service contract requirements, and step-by-step entry strategies for foreign renewable energy investors.

Joren Lex Tan

Setting Up & Structuring · March 20, 2026

Can a Foreigner Open a Restaurant in the Philippines?

Yes — but the legal path depends on how much you plan to invest. Here's a concise breakdown of the ownership rules, capital requirements, and registration steps for foreign-owned restaurants in the Philippines.

Jose Ben Campos

Setting Up & Structuring · February 20, 2026

Joint Ventures and Partnership Structures for Foreign Investors in the Philippines: A Legal Guide

A detailed legal guide to structuring joint ventures and partnerships in the Philippines as a foreign investor — covering the Civil Code partnership framework, the Revised Corporation Code (RA 11232), Foreign Investments Act (RA 7042 as amended by RA 11647), Anti-Dummy Law (CA 108), equity restrictions, corporate governance, and practical structuring strategies for foreign-Filipino business collaborations.

Joren Lex Tan

Beyond the reading

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