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Bigay, Donnabelle Ongoco, Katrina Grace Professor Lydia A. Bundac
Bigay, Donnabelle Ongoco, Katrina Grace Professor Lydia A. Bundac
ARTICLE XII
1987
CONSTITUTION
Bigay, Donnabelle
Ongoco, Katrina Grace
III-1
Express your agreement or disagreement
with this following statement:
Anyone, whether individual, corporation
or association, qualified to acquire private
lands is also qualified to acquire public
lands in the Philippines?
I disagree. Under Section 7 Article XV of the Constitution, a
corporation or association which is sixty percent owned by Filipino
citizens can acquire private land, because it can lease public land
and can therefore hold public land. However, it cannot acquire
public land. Under Section 3, Article XII of the Constitution, private
corporations and associations can only lease and cannot acquire
public land.
XI
Andy Lim, an ethnic Chinese, became a
naturalized Filipino in 1935. But later he
lost his Filipino citizenship when he
became a citizen of Canada in 1971.
Wanting the best of both worlds, he
bought, in 1987, a residential lot in Forbes
Park and a commercial lot in Binondo. Are
these sales valid? Why?
No, the sales are not valid. Under Section
8, Article XII of the Constitution, only a
natural-born citizen of the Philippines
who lost his Philippine citizenship may
acquire private land. Since Andy Lim was
a former naturalized Filipino citizen, he is
not qualified to acquire private lands.
2009 BAR EXAM QUESTION
XI
TRUE or FALSE. Answer TRUE if the
statement is true, or FALSE if the
statement is false. Explain your answer in
not more than two (2) sentences. (5%)
[a] Aliens are absolutely prohibited from
owning private lands in the Philippines.
False. Under Section 7, Article XII of the
Constitution, aliens may acquire private
land by hereditary succession. Under
Section 8, Article XII of the Constitution,
natural-born citizens of the Philippines
who lost their Filipino citizenship may be
transferees of private land.
Will Sec. 8, Art. XII of the Constitution, BP
185 and RA No. 8179 apply to Filipino dual
citizens?
How do you apply the law to married
couples?
What if before you became a naturalized
citizen of another country, you have already
acquired private lands in the Philippines, are
you still allowed to acquire additional private
lands thereafter?
Thank you for listening!