DFA: THE BALIKBAYAN ACT - Presidential Decree 185
The Balikbayan Act
PRESIDENTIAL DECREE 185
BALIKBAYAN ACT
PURPOSE OF THE LAW
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:
a) Must be of legal age – at least 18 years old
b) Must have capacity to act – to do acts with legal effects.
BALIKBAYAN ACT
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
b) Names and addresses of parents, spouse and children
c) The area, location & mode of acquisition of his landholdings
in the Philippines
d) His intention to reside permanently in the Philippines
e) Date he lost his Philippine citizenship & the country of which
he is presently a citizen
SIZE OF LAND THAT MAY BE ACQUIRED / TRANSFERRED
A) 1,000 sq.m. – Urban Land (maximum)
B) 1 hectare – Rural 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:
"I _______________, solemnly swear (or affirm) that I will support
and defend the Constitution of the Republic of the Philippines and
obey the laws and legal orders promulgated by the duly constituted
authorities of the Philippines; and I hereby declare that I recognize
and accept the supreme authority of the Philippines and will maintain
true faith and allegiance thereto; and that I imposed this obligation
upon myself voluntarily without mental reservation or purpose of evasion."
Natural-born citizens of the Philippines who, after the effectivity
of this Act, become citizens of a foreign country shall retain their
Philippine citizenship upon taking the aforesaid oath.
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:
(1) Those intending to exercise their right of suffrage must meet
the requirements under Section 1, Article V of the Constitution, Republic
Act No. 9198, otherwise known as “The Overseas Absentee Voting
Act of 2003” and other existing laws;
(2) Those seeking elective public office in the Philippines shall
meet the qualification for holding such public office as required
by the Constitution and existing laws and, at the time of the filing
of the certificate of candidacy, make a personal and sworn renunciation
of any and all foreign citizenship before any public officer authorized
to administer an oath;
(3) Those appointed to any public office shall subscribe and swear
to an oath of allegiance to the Republic of the Philippines and its
duly constituted authorities prior to their assumption of office:
Provided, that they renounce their oath of allegiance to the country
where they took that oath;
4) Those intending to practice their profession in the Philippines
shall apply with the proper authority for a license or permit to engage
in such practice; and
(5) That right to vote or be elected or appointed to any public office
in the Philippines cannot be exercised by, or extended to, those who:
(a) Are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
(b) Are in active service as commissioned or noncommissioned officers
in the armed forces of the country which they are naturalized citizens.
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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