https://www.google.com.ph/url?sa=t&rct=j&q=&esrc=s&source=web&cd=85&ved=0CLMBEBYwGDg8ahUKEwjj5pnOoJDIAhXJCI4KHUT0A3M&url=http%3A%2F%2Fwww.philippine-embassy.de%2Fbln%2Fimages%2FPTIC%2FLand%2520acquisition-OFWs.070605.doc&usg=AFQjCNFJmNA04J9Rs7eHDE5NJB_gPVRA6w&sig2=3v_wkOZtJYhPE1MFLTh8FA
LAND ACQUISITION AND OWNERSHIP
Land Ownership by Filipinos Overseas
Article XII Section 8 of the Philippine Constitution provides that
a natural-born citizen of the Philippines
The laws on land ownership by Filipinos overseas are contained in
Batas Pambansa Blg. 185 and Republic Act 8179, which amended the Foreign
Investment Act of 1991. BP 185 stipulates guidelines on land ownership by
former Filipinos for purposes of establishing residence, while Section 10 of RA
8179 specifies entitlements and conditions for land acquisition for investment
purposes.
Transferee
The acquisition or transfer of private land refers to either
voluntary or involuntary sale, devise or donation. Involuntary sale includes
sales on tax delinquency, foreclosures, and executions of judgment.
Qualifications of Former Filipinos
Both laws define former Filipinos as citizens of the Philippines
Provisions on Land Ownership
The following are the provisions of BP 185 and RA 7042, as
amended, pertinent to land ownership by Filipinos overseas:
|
Particulars
|
Provision under BP 185
|
Provisions under RA 7042
as amended by RA 8179
|
|
Size/Area of Coverage
Land Acquisition for Both Spouses
Additional Land Acquisition
|
• maximum of 1,000 sq. meters for urban land
• maximum of one (1) hectare for rural land
• either of the spouses may avail of the privilege
• in case both spouses wish to acquire lands for this purpose,
the total area acquired should not exceed the maximum allowed
In case he/she already owns urban or rural lands for residential
purposes, he/she may acquire additional urban or rural lands, which when
added to those he/she presently owns shall not exceed the authorized maximum
area
|
• maximum of 5,000 sq. meters for urban land
• maximum of three (3) hectares for rural land
• either of the spouses may avail of the privilege
• in case both spouses wish to acquire lands for this purpose,
the total area acquired should not exceed the maximum allowed
In case he/she already owns urban or rural lands for business
purposes, he/she may acquire additional urban or rural lands, which when
added to those he/she presently owns shall not exceed the authorized maximum
|
|
Limits
to Acquisition of Land
|
A person 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 area of these
lots do not exceed 1,000 sq. meters for urban land or one (1) hectare for
rural land for use as residence.
An individual who has already
acquired urban land shall be disqualified from acquiring rural land and vice
versa.
|
A person 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 area of these lots do not exceed 5,000 sq. meters for
urban land or three (3) hectares for rural land for business purposes.
Under Section 4 of Rule XII of the Implementing Rules and
Regulations of RA 7042 as amended by RA 8179, a transferee who has already
acquired urban land shall be disqualified from acquiring rural land and vice
versa. However, if the transferee has disposed of his/her urban land, he/she
may still acquire rural land and vice versa, provided that this will be used
for business.
|
|
Use of
Land
Special
Requirements
Violations and Penalties
|
The acquired land should not be
used for any purpose other than for residence.
In addition to the requirements
provided for in other laws for the registration of titles to lands, the transferee
should submit to the Register of Deeds of the province or city where the
property is located a sworn statement stating the following :
date and place of birth;
names and addresses of his/her parents,
spouse, and children, if any;
area, location, and mode of acquisition of
landholdings in the
his/her intention to reside permanently in
the
date he/she lost his/her Philippine
citizenship and the country of which
he/she is presently a citizen
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 theNational Government through escheat proceedings by the
representative of the Solicitor General
·
- permanent
disqualification from availment of the privilege under this Act
|
A transferee of
residential land acquired under Batas Pambansa Blg. 185 may still avail of
the privilege granted under this law.
Section 5 of Rule XII
specifically states that “the land should be 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”.
In addition to the usual
registration requirements pertinent to the conveyance of real estate, the
transfer contemplated shall not be recorded unless the transferee submits to
the Registry of Deeds of the province or city where the land is situated, the
following:
certification of business
registration issued by the Bureau of Trade Regulation and Consumer Protection
of the DTI;
sworn
statement stating information required under Batas Pambansa 185;
certification
from assessor of municipality or province where the property is situated that
the subject land for transfer is an urban or rural area;
if an agricultural land is acquired, a certification from the
Department of Agrarian Reform that the land is a retained area of the
transferor and an affidavit of the transferee attesting that his/her total
landholding inclusive of the land to be acquired does not exceed the
5-hectare limit provided under R.A. 6657, is required
|
Requirements for Land Registration or
Original Certificate of Title (Judicial Titling)
The application for land registration
should be filed in triplicate with the Clerk of the Regional Trial Court of the
province/city where the property is located.
The following documents should be
attached to the application:
1. Original plan on tracing cloth duly
approved by the Director of Lands or Regional Land Director, or in lieu
thereof, a true copy of the same on a tracing cloth properly attested and
certified by said Office or the official authorized to make such certification,
together with two (2) print copies thereof
2. Three (3) copies of technical
description
3. Three (3) copies of surveyor’s
certificate
4. Certificate of the assessed value
of the property issued by the provincial treasurer, in quadruplicate
Requirements for Land Transfer or
Transfer Certificate of Title
The following documents are required
for the filing of land transfer:
1. Copies of the Deed of Absolute Sale
2. Latest real estate tax payments
3. Latest tax declaration of the
property
4. Certificate from the Bureau of
Internal Revenue that the capital gains tax and documentary stamps have been
paid
5. Transfer tax
6. Receipt of payment of the transfer
and registration fees
For more information on land ownership
by Filipinos overseas,
please contact:
Land Registration Authority,
Diliman, Quezon City
Tel. Nos.: (632) 920-1026/36
Telefax No.: (632) 921-1368
