Yes. Article XII Section 8 of the Philippine Constitution provides that 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. 

Such limitations are provided in Batas Pambansa Blg. 185 and Republic Act No. 7042 as amended by Republic Act No. 8179. BP 185 governs the disposition of private lands in favor of a natural-born Filipino citizens who lost their Philippine citizenships for purposes of establishing residence, while Section 10 of RA 8179 stipulates guidelines for land ownership of former natural-born Filipino citizens for investment purposes. 


What is the maximum land area that may be acquired by such citizens?

  1. For residential purpose  -  1,000 square meters of urban land or one (1) hectare of rural land 
  2. For business purpose - 5,000 square meters  of urban land or three (3) hectares of rural land. 

What is meant by "business or other purpose"?

"Business or other purpose" refers to the use of the land primarily, directly and actually in the conduct of business or commercial activities in the broad areas of agriculture, industry and services, including the lease of land, but excluding the buying or selling thereof. 


In case of married couple, who may avail of the privilege?

In case of married couple, one or both of them may avail of the privilege, provided that the total acquisition shall not exceed the maximum area allowed. This means that while each has the right to acquire land, the combined total land area they can acquire is limited to 1,000 square meters of urban land or one (1) hectare of rural land (under BP 185) and 5,000 square meters of urban land or three (3) hectares of rural land (under RA 8179).


Can a transferee of residential land under BP 185 may still avail of the privilege granted under RA 8179?

Yes. Those who availed real property under BP 185 can still avail under RA 8179.


May a transferee who already owns urban or rural land for residential purpose acquire additional urban or rural land for residential purpose?

Yes. A transferee who already owns urban or rural land for residential purpose may acquire additional urban or rural land for residential purpose which, when added to that already owned by him shall not exceed the maximum area allowed by law. 

The same priviledge applies to a transferee who already owns urban or rural land for business purposes. 


May a transferee who has already acquired urban land for residential purposes still qualify to acquire rural land for residential purposes?

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 cannot own both urban and rural land. He has to choose one type of land only.

The same rule applies to a transferee of land for business purposes. 


How many lots can be acquired?

A transferee may not acquire more than (2) two urban or (2) two rural lands which should be located in different cities or municipalities. The total area acquired should not exceed the maximum allowed.


Qualifications of Former Filipino Citizen

  1. Natural-born citizen of the Philippines who has lost his Philippine citizenship
  2. Has the legal capacity to enter into a contract under Philippine laws. 

Mode of acquision

Mode of acquisition is not limited to voluntary deeds (such as sale or donation) but includes involuntary deeds (such as tax sale, foreclosure sale, or execution sale).


Provisions on Land Ownership 

The following are the provisions of BP 185 and RA 7042, as amended, pertinent to land ownership by natural-born Filipino citizens who has lost their Philippine citizenship: 

Particulars
Provisions under BP 185
Provisions under RA 7042
as amended by RA 8179

Size/Area of Coverage






Land Acquisition for Both Spouses
  

Additional Land Acquisition




Limits to Acquisition of Land

































Use of Land














 Special Requirements












































Violations and Penalties

• 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
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. 

















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 Philippines, if any his/her intention to reside permanently  in the Philippines;

• 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 the National Government through escheat proceedings by the representative of the Solicitor General
- permanent disqualification from availment of the privilege under this Act

• 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 
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.
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













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Reference: http://www.cfo.gov.ph