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CH 03.01: ORP CITIZENSHIP REQUIREMENT - Coggle Diagram

- - - - LIMIT IF NAT-BORN + LOST CITIZENSHIP:
        
        5,000 SQM MAX FOR URBAN LAND
        
        3 HECTARES FOR RURAL LAND
        -USED FOR BUSINESS/OTHER PURPOSES
        Pursuant to Section 10 of RA No. 7042, as amended by RA No. 8179 dated March 28, 1996, implementing Section 8, Article XII of the Constitution, it is provided that any natural-born citizen who has the legal capacity to enter into a contract may be a transferee of a private land up to a maximum area of 5,000 square meters m 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.
        
        MARRIED + NAT-BORN + LOST CITIZENSHIP:
        ONE MAXIMUM
        In the case of married couples, one of them may avail of the privilege he:ein granted.
        But if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed. In case the transferee already owns urban or rural land for business or other purposes, he shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized.
        [Sec. 10, RA 7042]
        
        URBAN or RURAL?
        ONE ONLY
        A transferee who has already acquired urban land shall be disqualified from acquiring rural land area and vice versa.
        
        Pursuant to BP Big. 185, dated March 16, 1982, "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. In the case of married couples, one of them may avail of the privilege herein granted."
        
        REACQUIRED -> OBVIATES LIMIATATION
        It is the policy of the law "that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act." RA No. 9225 in fact clearly grants him the right to "enjoy full civil and political rights" upon the re-acquisition of his Filipino citizenship.
        In short, his re-acquisition of Philippine citizenship has restored him to his previous status as a natural-born Filipino citizen and therefore entitled to all the rights, civil and political, enjoyed by a Filipino citizen.
        [RA 9225]
        
        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. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.
    - - CORPORATION SOLE
        HEADED BY A FOREIGNER
        The case of Ung Siu Si Temple is distinguishable from the case of Roman Catholic Apostolic Administrator of Davao, Inc. because the former is not a corporation sole but a corporation aggregate, i.e., an unregistered organization operating through three trustees, all of Chinese nationality. On the other hand, the Roman Catholic Administrator of Davao, Inc., which is likewise a non-stock corporation, is a registered corporation sole, evidently of no nationality and registered mainly to administer the temporalities and manage the properties belonging to the faithful of the church residing in Davao.
        
        RATIO: NO NATIONALITY
        The reason for this is that a corporation sole "has no nationality" and the framers of the Constitution did not have in mind the religious corporation sole when they provided that 60 per centum of the capital thereof be owned by Filipino Citizens. The properties pass, upon his death, not to
        his personal heirs but to his successor in office.
        [Republic v. IAC & Roman Catholic Bishop of Lucena, GR 75042, 1988]
    - - 1935 CONSTI STATES THAT:
        US CITIZEN RIGHTS = PH CITIZEN RIGHTS
        The Ordinance was made a part of the 1935 Constitution as directed in Section 2 of the Tydings-McDuffie Law or the Independence Law.
        The proclamation of Philippine Independence on July 4, 1946 did not impair Moss' proprietary rights over the said land because the 1935 Constitution provides that upon the proclamation of Philippine independence "all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippines."**291
        This constitutional provision is implemented in Article VI of the Treaty of General Relations entered into between the Republic of the Philippines and the United States on July 4, 1946.292
  - - - BUY CONDO UNITS
        Under RA No. 4726, foreign nationals can own Philippine real estate through the purchase of condominium units or townhouses pursuant to Section 5 thereof.
        
        Section 5, RA 4726
        Any transfer or conveyance of a unit or an apartment, office or store or other space therein,_ shall include the transfer or conveyance of the undivided interest in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation;
        
        Provided, however, That where the common areas in the condominium project are held by the owners of separate units as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital stock of which belong to Filipino citizens, except in cases of hereditary succession. Where the common areas in a condominium project are held by a corporation, no transfer or conveyance of a unit shall be valid i( the concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation to exceed the limits imposed by existing laws."2
        
        UP TO 40% OF OCS OF
        CONDOMINIUM CORPORATION
        It expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40% of the total and outstanding capital stock of a Filipino-owned or controlled corporation. Under this set up the ownership of the land is legally separated from the unit itself.
        The land is owned by the condominium corporation and the unit owner is simply a member in this condominium corporation. As long as 60% of the members of this condominium corporation are Filipinos, the remaining members can be foreigners. Considering that the rights and liabilities of the parties under the contract to sell is covered by the Condominium Act wherein petitioner as unit owner is simply a member of the condominium corporation and the land remained owned by condominium corporation, then the constitutional proscription against aliens owning real property does not apply.
        [Hulst v. PR Builders, Inc., GR No. 156364, Sept. 25, 2008, 566 SCRA 333.]
- - - - What if the Third party purchaser Pinoy is
        not in good faith? May the initial transferor Pinoy recover the property?
- - - - FOREIGN CORPORATIONS
        
        CANNOT ACQUIRE LANDS IN PH
        A foreign corporation is disqualified to own lands in the Philippines. It is also disqualified to own rights to ownership to such lands.304