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 who has lost his/her Philippine citizenship may be a transferee of private lands sub ect to limitations provided by law! "he laws on land ownership by #ilipinos overseas are contained in $atas Pambansa $l%! &8' and (epublic Act 8&)*+ which amended the #orei%n Investment Act of &**&! $P &8' stipulates %uidelines on land ownership by former #ilipinos for purposes of establishin% residence+ while Section &, of (A 8&)* specifies entitlements and conditions for land ac-uisition for investment purposes! Transferee "he ac-uisition or transfer of private land refers to either voluntary or involuntary sale+ devise or donation! Involuntary sale includes sales on ta. delin-uency+ foreclosures+ and e.ecutions of ud%ment! Qualifications of Former Filipinos $oth laws define former #ilipinos as citizens of the Philippines from birth without havin% to perform any act to ac-uire or perfect their Philippine citizenship+ who lost said Philippine citizenship+ and who have the le%al capacity to enter into a contract under Philippine laws! Provisions on Land Ownership "he followin% are the provisions of $P &8' and (A ),/0+ as amended+ pertinent to land ownership by #ilipinos overseas1 Particulars Si+e,Area o- Covera.e Provision under BP !" 2 ma.imum of &+,,, s-! meters for urban land 2 ma.imum of one 3&4 hectare for rural land 2 either of the spouses may avail of the privile%e 2 in case both spouses wish to ac-uire lands for this purpose+ the total area ac-uired should not e.ceed the ma.imum allowed Provisions under RA #$%& as a'ended () RA ! #* 2 ma.imum of '+,,, s-! meters for urban land 2 ma.imum of three 354 hectares for rural land 2 either of the spouses may avail of the privile%e 2 in case both spouses wish to ac-uire lands for this purpose+ the total area ac-uired should not e.ceed the ma.imum allowed

Land Ac/uisition -or Bot0 S1ouses

Additional Land Ac/uisition

In case he/she already owns urban or rural lands for residential purposes+ he/she may ac-uire additional urban or rural lands+ which when added to those he/she presently owns shall not e.ceed the authorized ma.imum area A person may ac-uire not more than two 304 lots which should be situated in different municipalities or cities anywhere in the Philippines+ provided that the total area of these lots do not e.ceed &+,,, s-! meters for urban land or one 3&4 hectare for rural land for use as residence! An individual who has already ac-uired urban land shall be dis-ualified from ac-uirin% rural land and vice versa!

In case he/she already owns urban or rural lands for business purposes+ he/she may ac-uire additional urban or rural lands+ which when added to those he/she presently owns shall not e.ceed the authorized ma.imum A person may ac-uire not more than two 304 lots which should be situated in different municipalities or cities anywhere in the Philippines+ provided that the total area of these lots do not e.ceed '+,,, s-! meters for urban land or three 354 hectares for rural land for business purposes! 6nder Section / of (ule XII of the Implementin% (ules and (e%ulations of (A ),/0 as amended by (A 8&)*+ a transferee who has already ac-uired urban land shall be dis-ualified from ac-uirin% rural land and vice versa! 7owever+ if the transferee has disposed of his/her urban land+ he/she may still ac-uire rural land and vice versa+ provided that this will be used for business!

Li'its to Ac/uisition oLand

A transferee of residential land ac-uired under $atas Pambansa $l%! &8' may still avail of the privile%e %ranted under this law! Use o- Land "he ac-uired land should not be used for any purpose other than for residence! Section ' of (ule 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 a%riculture+ industry and services includin% the lease of land+ but e.cludin% the buyin% and sellin% thereof<! In addition to the usual re%istration re-uirements pertinent to the conveyance of real estate+ the transfer contemplated shall not be recorded unless the transferee submits to the (e%istry of 8eeds of the province or city where the land is situated+ the followin%1 certification of business re%istration issued by the $ureau of "rade (e%ulation and Consumer Protection of the 8"I9 sworn statement statin% information re-uired under $atas Pambansa &8'9 certification from assessor of municipality or province where the property is situated that the sub ect land for transfer is an urban or rural area9 if an a%ricultural land is ac-uired+ a certification
3

S1ecial Re/uire'ents

In addition to the re-uirements provided for in other laws for the re%istration of titles to lands+ the transferee should submit to the (e%ister of 8eeds of the province or city where the property is located a sworn statement statin% the followin% 1 date and place of birth9 names and addresses of his/her parents+ spouse+ and children+ if any9 area+ location+ and mode of ac-uisition of landholdin%s in the Philippines+ if any his/her intention to reside permanently in the Philippines9 date he/she lost his/her Philippine citizenship and the country of which he/she is presently a citizen

from the 8epartment of A%rarian (eform that the land is a retained area of the transferor and an affidavit of the transferee attestin% that his/her total landholdin% inclusive of the land to be ac-uired does not e.ceed the 'hectare limit provided under (!A! @@')+ is re-uired 2iolations and Penalties =iolations throu%h1 2 misrepresentation in the sworn statement 2 ac-uisition of land throu%h fraudulent means 2 failure to reside permanently in the land ac-uired within two 304 years from its ac-uisition+ e.cept when such failure is caused by force ma eure shall be penalized by the followin%1 liability to prosecution under the applicable provisions of the (evised Penal Code and sub ect to deportation in appropriate cases forfeiture of such lands and their improvements to the>ational ?overnment throu%h escheat proceedin%s by the representative of the Solicitor ?eneral - permanent dis-ualification from availment of the privile%e under this Act

Requirements for Land Registration or Original Certificate of Title !udicial Titling" "he application for land re%istration should be filed in triplicate with the ClerA of the (e%ional "rial Court of the province/city where the property is located! "he followin% documents should be attached to the application1 &! Bri%inal plan on tracin% cloth duly approved by the 8irector of Cands or (e%ional Cand 8irector+ or in lieu thereof+ a true copy of the same on a tracin% cloth properly attested and certified by said Bffice or the official authorized to maAe such certification+ to%ether with two 304 print copies thereof 0! "hree 354 copies of technical description 5! "hree 354 copies of surveyor;s certificate /! Certificate of the assessed value of the property issued by the provincial treasurer+ in -uadruplicate Requirements for Land Transfer or Transfer Certificate of Title "he followin% documents are re-uired for the filin% of land transfer1 &! Copies of the 8eed of Absolute Sale 0! Catest real estate ta. payments 5! Catest ta. declaration of the property /! Certificate from the $ureau of Internal (evenue that the capital %ains ta. and documentary stamps have been paid '! "ransfer ta. @! (eceipt of payment of the transfer and re%istration fees #or more information on land ownership by #ilipinos overseas+ please contact1 Land Registration Authority, Law Division C(A $uildin%+ Dast Avenue cor! >IA (oad 8iliman+ Euezon City "el! >os!1 3@504 *0,-&,0@/5@ "elefa. >o!1 3@504 *0&-&5@8