Question & AnswerQ&A (BATAS PAMBANSA BLG. 185)
Batas Pambansa Blg. 185 is a law enacted to implement Section 15 of Article XIV of the Philippine Constitution. It allows natural-born Filipinos who have lost their Philippine citizenship to acquire private land for residential use under specific conditions.
A natural-born citizen of the Philippines who has lost his Philippine citizenship and has the legal capacity to contract under Philippine laws may acquire private land for residential use subject to the provisions of this Act.
The maximum area is one thousand square meters for urban land or one hectare for rural land to be used as the transferee's residence.
Yes, one spouse may avail of the privilege, and if both do, the total land acquired shall not exceed the maximum area fixed by the law.
A transferee may acquire not more than two lots situated in different municipalities or cities in the Philippines. However, the total area must not exceed one thousand square meters for urban lands or one hectare for rural lands.
No, a transferee who has acquired urban land is disqualified from acquiring rural land and vice versa.
A natural-born citizen is someone who is a citizen of the Philippines from birth without needing any act to acquire or perfect citizenship.
Urban areas are defined based on population density, presence of commercial and public establishments, and inhabitants' occupations, while all other areas not meeting these criteria are considered rural.
Transfer includes voluntary or involuntary sale, devise, or donation. Involuntary sales include sales due to tax delinquency, foreclosures, and executions of judgment.
The transferee must submit a sworn statement detailing their birth data, parents, spouse and children, existing landholdings, and intent to reside permanently in the Philippines.
Violations such as using the land for non-residential purposes, misrepresentation, fraud, or failure to reside permanently within two years will result in forfeiture of the land to the government, possible criminal liability under the Revised Penal Code, deportation, and permanent disqualification from availing the Act's privileges.
The Solicitor General or his representative is responsible for instituting escheat proceedings for forfeiture.
The Minister of Justice is empowered to issue rules and regulations necessary to implement the provisions of this Act.
The remaining provisions not affected by the unconstitutional part shall remain in full force and effect.