QuestionsQuestions (BATAS PAMBANSA BLG. 185)
BP 185 implements Section 15 of Article XIV of the 1987 Constitution by allowing a natural-born Filipino citizen who has lost Philippine citizenship to become a transferee of private land for residential use, subject to the Act’s provisions.
Only a natural-born citizen of the Philippines who has lost Philippine citizenship may be a transferee of private land under BP 185.
Up to 1,000 square meters for urban land and up to 1 hectare for rural land, for use as residence.
In the case of married couples, one of them may avail of the privilege. If both avail, the total area acquired by both of them combined must not exceed the maximum limits.
Yes. If the transferee already owns urban or rural lands for residential purposes, they may acquire additional urban or rural lands for residential purposes, as long as the total combined area does not exceed the authorized maximum.
A transferee may acquire not more than two lots, and these must be situated in different municipalities or cities anywhere in the Philippines.
A transferee who has already acquired urban land is disqualified from acquiring rural land, and vice versa.
BP 185 defines urban areas based on population density and specific criteria (including criteria for poblaciones/central districts and barangays meeting certain thresholds and having non-farming/non-fishing predominant occupation). All areas not meeting these definitions are considered rural.
It must have a street pattern (network of streets in parallel/right angle orientation), at least six establishments (commercial/manufacturing/recreational/personal services), and at least three of the following: town hall/church/chapel with monthly religious services; public plaza/park/cemetery; market place/building with weekly trading; public building such as school/hospital/puerto-culture and health center/library.
It includes either voluntary or involuntary sale, devise, or donation. Involuntary sales include sales on tax delinquency, foreclosures, and executions of judgment.
The transferee must submit a sworn statement to the Register of Deeds showing: date and place of birth; names and addresses of parents; spouse and children (if any); area, location, and mode of acquisition of landholdings in the Philippines (if any); and intention to reside permanently in the Philippines.
The transferee must not use the lands for any purpose other than residence. Violations (including misrepresentation in the sworn statement, acquisition through fraudulent means, or failure to reside permanently within two years, except due to force majeure) result in forfeiture of the lands and improvements to the National Government and may also involve liability under the Revised Penal Code and deportation in appropriate cases.
The transferee must reside permanently in the land acquired within two years from acquisition; failure within that period triggers forfeiture, unless failure is caused by force majeure.
The Solicitor General or his representative shall institute escheat proceedings.
The transferee shall be forever barred from further availing of the privilege granted under BP 185.
Yes, under the separability (non-impairment) clause: if any part is declared unconstitutional, the remaining provisions not affected remain in full force and effect.