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Who Can Own Lands in The Philippines: 1. If The Purpose Is For Residence
Who Can Own Lands in The Philippines: 1. If The Purpose Is For Residence
Who Can Own Lands in The Philippines: 1. If The Purpose Is For Residence
However, the following are the cases wherein the above-mentioned rule can be excused:
From the above enumeration, the 1987 Constitution, Article XII has laid down two sections to justify some of
the above exceptions:
SECTION 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to
individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations
provided by law
Rules regarding former natural-born Filipino citizens acquiring lands in the Philippines
Mode of acquisition may be through both voluntary deeds (sale or donation) and involuntary deeds
(foreclosure, execution, tax delinquency sale)
AREA ALLOWED (MAXIMUM)
1. If the purpose is for residence:
1,000 square meters of urban land
1 hectare of rural land
A transferee who acquired urban or rural land for residential purpose while still a Filipino citizen may
acquire additional urban or rural land for residential purpose which, when added to that already
owned shall not exceed the maximum area allowed by law. It shall also apply to a transferee who
already owns urban or rural land for business purpose while still a Filipino citizen.
2
A transferee who has already acquired urban land for residential purpose shall be disqualified to
acquire rural land for residential purpose and vice versa.
A transferee of residential land under BP 185 may still avail of the right to acquire land for business
purpose under RA 8179.
*In case of married couples where both are former natural born Filipino citizens, both of them may
avail provided that the total acquisition shall not exceed the maximum area allowed.
General rule: Aliens are not qualified to acquire land in the Philippines.
Exceptions:
1. Aliens may acquire private land by inheritance
2. PD 713 (May 27, 1975) Allows Americans who were formerly Filipino citizens, Americans who became
permanent residents of the Philippines and Americans who have resided in the Philippines continuously for
at least 20 years and are in good faith had acquired private residential lands for family dwelling purposes in
the Philippines prior to July 3, 1974 to continue holding such lands and transfer ownership over the same
to qualified persons or entities.
3. BP 8179 (March 16, 1982)Former natural born citizens of the Philippines who has lost his citizenship may
be transferee of a private land up to a maximum area of 1,000sqm in case of urban land and 1 hectare for
rural to be used as his residence; In case of married couples, only one may avail and if both the total area
should not exceed the maximum herein fixed
4. RA 8179 (March 28, 1996) 5,000sqm urban land/ 3 hectares rural land for business or other purposes
5. RA 9225 (August 29, 2003) Aliens may re-acquire Filipino citizenship
Land • either of the spouses may avail • either of the spouses may avail
Acquisition of the privilege of the privilege
for Both
Spouses • in case both spouses wish to • in case both spouses wish to
acquire lands for this purpose, acquire lands for this purpose,
the total area acquired should the total area acquired should
not exceed the maximum not exceed the maximum
allowed allowed
Limits to A person may acquire not more A person may acquire not more
Acquisition of than two (2) lots which should than two (2) lots which should be
Land be situated in different situated in different
municipalities or cities municipalities or cities anywhere
anywhere in the Philippines, in the Philippines, provided that
provided that the total area of the total area of these lots do
these lots do not exceed 1,000 not exceed 5,000 sq. meters for
sq. meters for urban land or urban land or three (3) hectares
one (1) hectare for rural land for for rural land for business
use as residence. purposes.
Use of Land The acquired land should not Section 5 of Rule XII specifically
be used for any purpose other states that “the land should be
than for residence. primarily, directly, and actually
used in the performance or
conduct of the owner’s 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”.
Violations
and
Penalties Violations through:
• misrepresentation in the
sworn statement
• acquisition of land through
fraudulent means
• failure to reside permanently
in the land acquired within
two (2) years from its
acquisition, except when such
failure is caused by force
majeure shall be penalized by
the following:
- liability to prosecution under
the applicable provisions of
the Revised Penal Code
and subject to deportation in
appropriate cases
- forfeiture of such lands and
their improvements to the
National Government
through escheat
proceedings by the
representative of the
Solicitor General
- permanent disqualification
from availment of the
privilege under this Act
5
CLASSIFICATION OF LANDS
LANDS OF PUBLIC DOMAIN - either alienable or inalienable
LANDS OF PRIVATE DOMAIN - land belonging to and owned by the State as a private individual, without
being devoted of national wealth
-similar to patriomonial properties of the State
HISTORICAL BACKGROUND
ADDITIONAL INFORMATION:
a. Private Lands
i. At least 60% Filipino (Sec. 7, Art. XII, 1987 Constitution)
ii. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created
iii. If engaged in agriculture, it is restricted to 1,024 hectares.
b. Patrimonial Property of the State (Sec. 3, Art. XII, 1987 Constitution)
i. Lease (cannot own land of the public domain) for 25 years renewable for another 25 years
ii. Limited to 1,000 hectares iii. Applies to both Filipinos and foreign corporations.
Section 16. Non-resident applicant. If the applicant is not a resident of the Philippines, he shall file with his
application an instrument in due form appointing an agent or representative residing in the Philippines, giving
his full name and postal address, and shall therein agree that the service of any legal process in the proceedings
under or growing out of the application made upon his agent or representative shall be of the same legal effect
as if made upon the applicant within the Philippines. If the agent or representative dies, or leaves the
Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so
the court may dismiss the application.
Section 17. What and where to file. The application for land registration shall be filed with the Court of First
Instance of the province or city where the land is situated. The applicant shall file together with the application
all original munients of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands.
The clerk of court shall not accept any application unless it is shown that the applicant has furnished the
Director of Lands with a copy of the application and all annexes.
Section 18. Application covering two or more parcels. An application may include two or more parcels of land
belonging to the applicant/s provided they are situated within the same province or city. The court may at any
time order an application to be amended by striking out one or more of the parcels or by a severance of the
application.
Section 19. Amendments. Amendments to the application including joinder, substitution, or discontinuance as to
parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms.
Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land
applied for or which involve the inclusion of an additional land shall be subject to the same requirements of
publication and notice as in an original application.
Section 20. When land applied for borders on road. If the application describes the land as bounded by a public
or private way or road, it shall state whether or not the applicant claims any and what portion of the land within
the limits of the way or road, and whether the applicant desires to have the line of the way or road determined.
Section 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be
stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may
require the filing of any additional paper. It may also conduct an ocular inspection, if necessary.
Section 22. Dealings with land pending original registration. After the filing of the application and before the
issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or
in part, in which case the interested party shall present to the court the pertinent instruments together with a
subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court, after
notice to the parties, shall order such land registered subject to the conveyance or encumbrance created by said
instruments, or order that the decree of registration be issued in the name of the person to whom the property has
been conveyed by said instruments.