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Batas Pambansa Bilang 185
AN
ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND
FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 185AN
ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND
FOR OTHER PURPOSES.chan
robles
virtual law library
chan
robles virtual law librarySection
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.chanrobles virtual law library
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 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. chanrobles virtual law library
(b) Urban
areas shall include:chanroblesvirtuallawlibrarychanrobles virtual law library
(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; chanrobles virtual law library
(2) Poblaciones
or central districts of municipalities and cities which have a
population
density of at least 500 persons per square kilometer; chanrobles virtual law library
(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; chanrobles virtual law library
(b) At
least six establishments (commercial, manufacturing, recreational
and/or
personal services); and
chan
chanrobles virtual law library (c) At
least three of the following:chanroblesvirtuallawlibrarychanrobles virtual law library
1. A
town hall, church or chapel with religious services at least once a
month; chanrobles virtual law library
2. A
public plaza, park or cemetery;chanrobles virtual law library
3. A
market place or building where trading activities are carried on at
least
once a week; and chanrobles virtual law library
4. A
public building like a school, hospital, puericulture and health center
or library. chanrobles virtual law 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.chanrobles virtual law library
(5) 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. chanrobles virtual law library
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. chanrobles virtual law library
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 Section 8 of this Act.chanrobles virtual law library
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 Section 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. chanrobles virtual law library
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.chanrobles virtual law library
Sec.
10. This Act shall take
effect upon its approval. chanrobles virtual law library
Approved:
March 16, 1982
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