Title
Divestment of US Landholdings in PH
Law
Letter Of Instructions No. 645
Decision Date
Dec 22, 1977
A Philippine law establishes a committee to evaluate and approve land divestment proposals from U.S. citizens and entities, with the Solicitor General taking over the responsibility of enforcing constitutional provisions on land ownership and initiating legal proceedings against violators.
A

Constitutional Context and Expiration of the Parity Agreement

  • The Parity Agreement allowing U.S. citizens certain landholding rights expired on July 3, 1974.
  • The Constitution and other pertinent laws limit ownership of land exclusively to Filipino citizens or corporations/entities with at least 60% Filipino ownership.
  • A sufficient period was afforded to U.S. citizens and entities to divest landholdings following the expiration of the Parity Agreement.

Directive to the Solicitor General

  • The Solicitor General is ordered to initiate appropriate legal proceedings against U.S. citizens or entities that continue to unlawfully hold lands in violation of the Constitution.
  • Jurisdiction over all matters related to the divestment of landholdings from U.S. citizens and entities is transferred to the Solicitor General from the Cabinet Committee.

Specific Actions Regarding Conjugal Properties

  • The Solicitor General shall grant clearance for registering lands considered conjugal property where one spouse is an American citizen, upon dissolution of the conjugal partnership.

Implementation and Enforcement

  • The Solicitor General is empowered to act on other matters necessary to implement the constitutional limitations on land ownership.
  • These provisions are aimed at enforcing Article XVII, Section 11 of the 1973 Philippine Constitution, affirming the expiration of U.S. rights under the Parity Agreement.

Overall Objective

  • The law seeks to uphold constitutional provisions restricting land ownership to Filipinos or entities predominantly Filipino-owned.
  • It ensures the divestment of landholdings by U.S. citizens and entities post the expiration of special privileges previously granted under international agreements.

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