December 8, 1998

DAR OPINION NO. 117-98

Mr. Marcelo M . Balolong, Jr.

No.7 Norte Dame St.

Cubao, Quezon City

Dear Mr. Balolong:

This refers to your letter dated 28 September 1998 seeking opinion on the following queries, to wit:

a)         Can an American citizen purchase agricultural lands which include fishponds? and

b)         If eligible, how much is the total land area?

As culled from your letter, your uncle was a Filipino citizen who later migrated to the United States of America; that while in US he acquired American citizenship and that when he returns before Christmas time he is contemplating to buy a fishpond with an area of no less than 24 hectares.

Anent your first query, the answer is in the negative. Although Section 8 of Article XII of the 1987 Constitution (National Economy and Patrimony) expressly provides that a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to the limitations provided by law, the same is not encompassing so as to extend the enjoyment of the privilege to all classes of lands. What the Constitution referred to in the aforequoted provision is for the former Filipino citizen to own residential lands only. This is apparent in Batas Pambansa Blg. 185 Section 2 thereof (copy attached) which provides that "any natural-born citizen of the Philippines who has 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: Provided, That 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 lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed maximum areas herein authorized."

Anent your second query, your uncle is neither eligible nor qualified to buy agricultural lands for reasons already stated. Such disqualification can also be inferred as expressly provided for under Section 7 of Article XII of the 1987 Constitution (National Economy and Patrimony) which provides that 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. Obviously, it is only through this mode of acquisition (i.e., hereditary succession) that an alien national can own said private lands in the Philippines. Since he is contemplating to own agricultural lands through purchase, your uncle is therefore disqualified.

We hope to have clarified the matters with you.

Very truly yours,

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning