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Philippine Real Estate Law - The Balikbayan Act
PRESIDENTIAL DECREE 185
To allow a natural born citizen of the Philippines who has lost his Philippine citizenship to be a transferee of private land, for use by him as his residence.
Natural born citizen defined: One who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his citizenship.
WHO MAY AVAIL OF THE PRIVILEGE GRANTED BY LAW?
1) Any natural-born citizen of the Philippines who has lost his Philippine citizenship;
2) He must have the legal capacity to enter into a contract under Philippine laws:
REQUIREMENTS FOR THE REGISTRATION OF TITLES TO LAND TRANSFERRED
Submit to the Register of Deeds of the province or city where property is located a sworn statement showing the following:
a) Date and place of birth
SIZE OF LAND THAT MAY BE ACQUIRED / TRANSFERRED
A) 1,000 sq.m. Urban Land (maximum)
In case of married couples, one of them may avail of the privilege PROVIDED, that if both shall avail of the same, the total area acquired shall not exceed the maximum size fixed.
A transferee who already owns an urban or rural land may still acquire or be a transferee of additional rural or urban land for --- RESIDENTIAL PURPOSES provided that his total landholdings shall not exceed the maximum area so fixed.
A transferee may only acquire 2 lots which should be situated in different municipalities or cities in the Philippines, PROVIDED that it does not exceed the maximum allowable landholding.
A transferee who shall acquire urban land shall be disqualified from acquiring rural land and VICE-VERSA.
REPUBLIC ACT 9225
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED, AND FOR OTHER PURPOSES.
Section 1. Short Title This act shall be known as the "Citizenship Retention and Reacquisition Act of 2003."
Section 2. Declaration of Policy It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
Section 4. Derivative Citizenship The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippines.
Section 5. Civil and Political Rights and Liabilities Those who retain or reacquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities under existing laws of the Philippines and the following conditions:
Section 6. Separability Clause If any section or provision of this Act is held unconstitutional or invalid, any other section or provision not affected thereby shall remain valid and effective.
Section 7. Repealing Clause All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 8. Effectivity Clause This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or two (2) newspaper of general circulation.
Approved: August 29, 2003
Effectivity: September 17, 2003
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