www.epropertyph.com  This site is maintained by Raymund R. Jazmines, a licensed Real Estate Broker PRC# 4817 and HLURB# 16782.
 

 

 

 

Services: For Sale / Lease of Office space Warehouse Residential Condominium Building Houses Lot Vacant Commercial Industrial Joint Venture Call Center Peza Bpo Rent Condo Bldg vfr 100%backup, real estate rebate as  Home buyer rebate, buyer rebate, home buyers rebate, and commission rebate, Commission Refund, Discount Broker 
Areas: Makati Ortigas Pasig Taguig Paranaque Greenhills San Juan Mandaluyong Quezon City Fort Bonifacio Eastwood Rockwell Pasay Binondo New Manila Fil-invest Ayala Alabang Pasong Tamo C5 Pioneer Ed
Please register or log in.
Item details
Category REAL ESTATE LAW
Rights of Former Filipino Citizens to Acquire Private Lands
Created Jun-5-2015
Owner admin
Promotion Level None
QUESTION Rights of Former Filipino Citizens to Acquire Private Lands
ANSWER

BATAS PAMBANSA BLG. 185 AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND FOR OTHER PURPOSES Section 1. In Implementation of Section fifteen of Article XIV of the Constitution, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a private land, for use by him as his residence, subject to the provisions of this Act.

Section 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence. In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized.

Section 3. A transferee under this Act may acquire not more than two lots which should be situated in different municipalities or cities anywhere in the Philippines; Provided, That the total area thereof shall not exceed one thousand square meters in the case of urban lands or one hectare in the case of rural lands for use by him as urban land shall be disqualified from acquiring rural land, and vice versa.

Section 4. As used in this Act -

A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.
Urban areas shall include:
In their entirety, all municipal jurisdictions which whether designated as chartered cities, provincial capitals or not, have a population density of at least 1,000 persons per square kilometer;
Poblaciones or central districts of municipalities and cities which have a population density of at least 500 persons per square kilometer;
Poblaciones or central districts (not included in 1 and 2) regardless of population size which have the following:
Street pattern, i.e., network of streets in either at parallel or right angle orientation;
At least six establishments (commercial, manufacturing, recreational and/or personal services); and
At least three of the following:
A town hall, church or chapel with religious services at least once a month;
A public plaza, park or cemetery;
A market place or building where trading activities are carried on at least once a week; and
A public building like a school, hospital, puericulture and health center or library.
Barangays having at least 1,000 inhabitants which meet the conditions set forth in sub-paragraph (3) of paragraph
above, and in which the occupation of the inhabitants is predominantly other than farming or fishing.
All other areas of the Philippines which do not meet the conditions in the preceding definition of urban areas shall be considered as rural areas.

Section 5. Transfer as a mode of acquisition of private land under this Act refers to either voluntary or involuntary sale, devise or donation. Involuntary sales shall include sales on tax delinquency, foreclosures and executions of judgment.

Section 6. In addition to the requirements provided for in other laws for the registration of titles to lands, no private land shall be transferred under this Act, unless the transferee shall submit to the register of deeds of the province or city where the property is located a sworn statement showing the date and place of his birth; the names and addresses of his parents, of his spouse and children, if any; the area, location and the mode of acquisition of his land-holdings in the Philippines, if any; his intention to reside permanently in the Philippines; the date he lost his Philippine citizenship and the country of which he is presently a citizen; and such other information as may be required Section 8 of this Act.

Section 7. The transferee shall not use the lands acquired under this Act for any purpose other than for his residence. Violations of this Section, any misinterpretation in the sworn statement required under Section 6 hereof, any acquired within two years from the acquisition thereof, except when such failure is Code and deportation in appropriate cases, be penalized by forfeiture of such lands and their improvements to the National Government. For this purpose the Solicitor General or his representative shall institute escheat proceedings. Any transferee liable under this Section shall moreover be forever barred from further availing of the privilege granted under this Act.

Section 8. The Minister of Justice shall issue such rules and regulations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall take effect fifteen days following its publication in a newspaper of general circulation in the Philippines.

Section 9. If any part of this Act shall be declared unconstitutional, the remaining provisions not thereby affected shall remain in full force and effect.

Section 10. This Act shall take effect upon its approval.

Approved, March 16, 1982

REPUBLIC ACT NO. 7042 (AS AMENDED BY RA 8179)

FOREIGN INVESTMENTS ACT OF 1991

SECTION 1. Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes.

SECTION 2. In the case where both spouses are qualified under the law, one of them may avail of the said privilege: However, if both shall avail of the privilege, the total area acquired shall not exceed the maximum allowed.

SECTION 3. In the case the transferee already owns urban or rural land for business or other purposes, he shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas allowed.

SECTION 4. A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided, That the total land area thereof shall not exceed five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land for use by him for business or other purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. However, if the trasnferee has disposed of his urban land, he may still acquire rural land and vice versa, provided that the same shall be used for business or other purposes.

SECTION 5. Land acquired under this Act shall be primarily, directly and actually used by the transferee in the performance or conduct of his business or commercial activities in the broad areas of agriculture, industry and services, including the lease of land, but excluding the buying and selling thereof. A transferee shall use his land to engage in activities that are not included in the Negative List or in those areas wherein investment rights have been granted to him under this Act.

SECTION 6. Registration of Land. The Register of Deeds in the province or city where the land is located shall register the land in the name of the transferee that it will be used for any purposes mentioned in Section 5 above, i.e. certification of business registration issued by the BTRCP/Department of Trade and Industry and affidavit that the land shall be used for business purposes.The provision of BP 185 (An Act to Implement Section 15 of Article XIV of the Constitution and for Other Purposes Pertaining to the Ownership of Private Lands for Residential Purposes by Former Natural Born Filipinos) and its implementing Rules and Regulations shall be adopted, where applicable, in the implementation of this Act through a Circular to be issued by the Land Registration Authority.The Register of Deeds shall ensure that the limits prescribed by law are observed.

(Section 10. RA 7042 as amended by RA 8179. Approved, March 28, 1996)