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Land Titles Jurisprudence · Podcast Episode 5 · 20:10
Can a Former Filipino Own Land in the Philippines? Pati Korporasyon at Simbahan
Can a Filipino who became a foreigner still register land, and may a corporation or a church own land?
A couple bought two small lots in San Pablo City as Filipinos, then became Canadians before they applied to register them. Atty. Jeric Dave Gallardo and Sweet Zel Grace Porras walk through three Supreme Court decisions on who may own land, a former Filipino couple, a corporation and a church, and a twist: a will that left a right over land to a foreigner.
Four cases, four answers
Same question. Different facts. Different results.
The rule
A natural-born Filipino who has lost Philippine citizenship may still be a transferee of private land, within the limits set by law.
Art. XII, Sec. 8 of the 1987 Constitution makes this exception to Sec. 7; B.P. Blg. 185 sets the limits for land used as a residence, and R.A. No. 8179 added limits for land used for business or other purposes. Under Sec. 3, private corporations may hold alienable lands of the public domain only by lease.
Recap
- A former natural-born Filipino may be a transferee of private lands, within the limits of law: under B.P. Blg. 185, up to 1,000 square meters of urban land or one hectare of rural land for a residence, with a separate limit since 1996 for business or other purposes.
- Private corporations may not own alienable lands of the public domain; they may only lease them.
- In Lapiña and Manna, the question was whether the land was already private; in Ramirez, the hereditary-succession exception did not extend to a will, but the foreigner’s usufruct was upheld.
Bar tip
Asked whether a Filipino who became a Canadian before registering may still register, remember Lapiña: the Torrens system “merely confirms, but does not confer ownership.” Then check: was the buyer natural-born, when did he buy, was the land already private then, and what kind of right did he acquire?
The law
1987 Constitution, Art. XII, and the laws on former natural-born citizens and corporations sole
“Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.”1987 Constitution, Art. XII, Sec. 3 (third and fourth sentences)
“Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.”1987 Constitution, Art. XII, Sec. 7
“Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.”1987 Constitution, Art. XII, Sec. 8
“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.”B.P. Blg. 185 (March 16, 1982), Sec. 2, first sentence
“Any natural born citizen 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 five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes.”R.A. No. 7042, Sec. 10, as inserted by R.A. No. 8179 (March 28, 1996), first sentence
“A corporation sole may purchase and hold real estate and personal property for its church, charitable, benevolent, or educational purposes, and may receive bequests or gifts for such purposes.”R.A. No. 11232 (Revised Corporation Code, 2019), Sec. 111, first sentence
1987 Constitution (LawPhil) · B.P. Blg. 185 (LawPhil) · R.A. No. 8179 (LawPhil) · Revised Corporation Code (SC E-Library)
Chapters
- 0:00Cold open: Filipinos when they bought, Canadians when they registered
- 1:28Can a former Filipino own land in the Philippines? Art. XII, Sec. 8
- 3:30Case 1: Republic vs. Court of Appeals and Spouses Lapiña (former Filipinos, 1994)
- 7:32Case 2: Republic vs. Manna Properties (a corporation, 2005)
- 11:07Case 3: RCAA Davao vs. Land Registration Commission (a church, 1957)
- 14:31The twist: Testate Estate of Ramirez (a will, 1982)
- 17:16Why did the answers differ? Three questions
- 18:34Recap and bar tip
Cases cited
Each card opens the full text of the decision, or our case digest where we have written one.
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