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BATAS PAMBANSA BILANG. 185BATAS PAMBANSA BLG. 185 - AN ACT
TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND FOR
OTHER PURPOSES
Section 1. In
implementation of Section fifteen of Article XIV of the Constitution, a
natural-born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private land, for use by him as his
residence, subject to the provisions of this Act.
Sec. 2. Any natural-born citizen of the
Philippines who has lost his Philippine citizenship and who has the
legal capacity to enter into a contract under Philippine laws may be a
transferee of a private land up to a maximum area of one thousand
square meters, in the case of urban land, or one hectare in the case of
rural land, to be used by him as his residence. In the case of married
couples, one of them may avail of the privilege herein granted;
Provided, That if both shall avail of the same, the total area acquired
shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for
residential purposes, he shall still be entitled to be a transferee of
additional urban or rural lands for residential purposes which, when
added to those already owned by him, shall not exceed the maximum areas
herein authorized.
Sec. 3. A transferee under this Act may acquire
not more than two lots which should be situated in different
municipalities or cities anywhere in the Philippines; Provided, That
the total area thereof shall not exceed one thousand square meters in
the case of urban lands or one hectare in the case of rural lands for
use by him as urban land shall be disqualified from acquiring acquiring
rural land, and vice versa.
Sec. 4. As used in this Act —
(a) A natural-born citizen is one who is a citizen of
the Philippines from birth without having to perform any act to acquire
or perfect his Philippine citizenship.
(b) Urban areas shall include:
(1) In their entirety, all municipal jurisdictions
which, whether designated as chartered cities, provincial capitals or
not, have a population density of at least 1,000 persons per square
kilometer;
(2) Poblaciones or central districts of
municipalities and cities which have a population density of at least
500 persons per square kilometer;
(3) Poblaciones or central districts (not included in
1 and 2) regardless of population size which have the following:
(a) Street pattern, i.e, network of streets in either
at parallel or right angle orientation;
(b) At least six establishments (commercial,
manufacturing, recreational and/or personal services); and
(c) At least three of the following:
1. A town hall, church or chapel with religious
services at least once a month;
2. A public plaza, park or cemetery;
3. A market place or building where trading
activities are carried on at least once a week; and
4. A public building like a school, hospital,
puericulture and health center or library.
(4) Barangays having at least 1,000 inhabitants which
meet the conditions set forth in sub-paragraph (3) of paragraph (b)
above, and in which the occupation of the inhabitants is predominantly
other than farming or fishing.
(c) All other areas of the Philippines which do not
meet the conditions in the preceding definition of urban areas shall be
considered as rural areas.
Sec. 5. Transfer as a mode of acquisition of
private land under this Act refers to either voluntary or involuntary
sale, devise or donation. Involuntary sales shall include sales on tax
delinquency, foreclosures and executions of judgment.
Sec. 6. In addition to the requirements provided
for in other laws for the registration of titles to lands, no private
land shall be transferred under this Act, unless the transferee shall
submit to the register of deeds of the province or city where the
property is located a sworn statement showing the date and place of his
birth; the names and addresses of his parents, of his spouse and
children, if any; the area, the location and the mode of acquisition of
his land-holdings in the Philippines, if any; his intention to reside
permanently in the Philippines; the date he lost his Philippine
citizenship and the country of which he is presently a citizen; and
such other information as may be required Sec. 8 of this
Act.
Sec. 7. The transferee shall not use the lands
acquired under this Act for any purpose other than for his residence.
Violations of this Section , any misrepresentation in the sworn
statement required under Sec. 6 hereof, any acquisition through
fraudulent means or failure to reside permanently in the land acquired
within two years from the acquisition thereof, except when such failure
is caused by force majeure, shall, in addition to any liability under
the Revised Penal Code and deportation in appropriate cases, be
penalized by forfeiture of such lands and their improvements to the
National Government. For this purpose the Solicitor General or his
representative shall institute escheat proceedings.
Any transferee liable under this Section shall moreover be forever
barred from further availing of the privilege granted under this
Act.
Sec. 8. The Minister of Justice shall issue such
rules and regulations as may be necessary to carry out the provisions
of this Act. Such rules and regulations shall take effect fifteen days
following its publication in a newspaper of general circulation in the
Philippines.
Sec. 9. If any part of this Act shall be declared
unconstitutional, the remaining provisions not thereby affected shall
remain in full force and effect.
Sec. 10. This Act shall take effect upon its
approval.
Approved: March 16, 1982. (P.B.
No. 1705)
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