Policy basis and constitutional intent
- The Letter of Instructions is premised on upholding constitutional limits on land ownership by Filipino citizens and by corporations or entities with at least 60% Filipino capital.
- The Letter of Instructions is grounded on the expiration of rights under the Parity Agreement on July 3, 1974, in accordance with the Constitution and other pertinent laws.
- The Letter of Instructions recognizes that the Cabinet Committee on Divestment of Private Landholdings of U.S. Citizens and Entities has completed evaluation of divestment proposals submitted on or before May 27, 1975.
Covered subjects and directed actions
- The Letter of Instructions directs action against U.S. citizens or entities that continue to hold land in violation of the Constitution and other pertinent laws limiting landholders to Filipino citizens or to entities with at least 60% Filipino capital.
- The Letter of Instructions covers “divestment of U.S. citizens and entities” landholdings previously handled by the Cabinet Committee on Divestment of Private Landholdings of U.S. Citizens and Entities constituted under Letter of Instructions No. 307 dated August 21, 1975.
- The Letter of Instructions directs clearance for the registration of lands involving conjugal partnership where one spouse is an American citizen, upon dissolution of the conjugal partnership.
Authority and responsibilities of the Solicitor General
- The Solicitor General must institute appropriate proceedings against U.S. citizens or entities that continue to hold land contrary to constitutional and legal ownership limits.
- The Solicitor General must act on all matters pertaining to divestment of U.S. citizens and entities that were within the jurisdiction of the Cabinet Committee created by Letter of Instructions No. 307 dated August 21, 1975.
- The Solicitor General must grant clearance for registration of lands constituting conjugal partnership property when one spouse is an American citizen, upon dissolution of the conjugal partnership.
- The Solicitor General must also act on other matters necessary to implement expiration of U.S. citizens’ and entities’ rights under the Parity Agreement on July 3, 1974, as provided in Article XVII, Section XI of the Constitution.
Related named entities and referenced instruments
- The Cabinet Committee on Divestment of Private Landholdings of U.S. Citizens and Entities was constituted under Letter of Instructions No. 307 dated August 21, 1975.
- The Letter of Instructions refers to divestment proposals submitted to the Government on or before May 27, 1975.
- The Letter of Instructions references the Parity Agreement and its expiration on July 3, 1974, as provided in Article XVII, Section XI of the Constitution.
Transitory implementation focus
- The Letter of Instructions instructs that, after the Cabinet Committee’s completed evaluation and approvals for finalization or implementation of divestment schemes, the Solicitor General must take over the implementation-related tasks.
- The Letter of Instructions requires prompt government action through proceedings and approvals to enforce constitutional ownership limits after the Parity Agreement expires on July 3, 1974.