In particular, can
a foreign national apply for registration of title over a parcel of land which
he acquired by purchase while still a Filipino citizen?
Yes, provided the land is already a
private land and no longer a part of the public domain and subject to the
limitations provided by law as to the maximum area he can acquire. It is insignificant
if the transferee was already a foreign citizen at the time of his application
for land registration. What is essential is that he was formerly a natural-born
Filipino citizen. This was highlighted in one case where it was held as
follows:
Even if private respondents were
already Canadian citizens at the time they applied for registration of the
properties in question, said properties as discussed above were already private
lands; consequently, there could be no legal impediment for the registration
thereof by respondents in view of what the Constitution ordains. The parcels of
land sought to be registered no longer form part of the public domain. They are
already private in character since private respondents'
predecessors-in-interest have been in open, continuous and exclusive possession
and occupation thereof under claim of ownership prior to June 12, 1945 or since 1937. The law
provides that a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a
transferee of a private land up to a maximum area of 1,000 sq.m., if urban, or
one (1) hectare in case of rural land, to be used by him as his residence (BP
185).
It is undisputed that private
respondents, as vendees of a private land, were natural-born citizens of the Philippines. For the purpose of transfer and/or acquisition of a parcel of
residential land, it is not significant
whether private respondents are no longer Filipino citizens at the time they
purchased or registered the parcels of land in question. What is important is
that private respondents were formerly natural-born citizens of the Philippines, and as transferees of a
private land, they could apply for registration in accordance with the mandate
of Section 8, Article XII of the Constitution. Considering that private
respondents were able to prove the requisite period and character of possession
of their predecessors-in-interest over the subject lots, their application for
registration of title must perforce be approved. (REPUBLIC OF THE PHILIPPINES, vs. COURT OFAPPEALS, G.R. No. 108998, August 24, 1994)
B.P. 185 has been amended by R.A. 8179 which increased the maximum
area of private land a former natural-born Filipino may acquire to 5, 000
square meters in urban areas and 3 hectares in rural areas. Moreover, the use
of such land is no longer limited to residential purposes but now also for
business and other purposes.
No comments:
Post a Comment