A bill authorizing the government to seize real estate unlawfully acquired by foreign nationals, particularly those linked to illegal Philippine Offshore Gaming Operators (POGOs), was filed in the House of Representatives Nov. 6.
House Bill (HB) No. 11043, or the proposed “Civil Forfeiture Act”, is a direct offshoot of the ongoing investigation by the House Quad Comm into the alleged criminal activities associated with POGOs, such as human trafficking and illegal drugs.
The proposed law aims to reinforce the constitutional ban on foreign land ownership, established in the 1935 Constitution.
It targets individuals who circumvent constitutional restrictions using falsified documents, enabling the civil forfeiture of such properties.
“The continued violation to the provisions of our Constitution on alien land ownership cannot be allowed to continue,” the bill’s explanatory note stated, adding that many violators are connected to POGOs, which President Ferdinand Marcos Jr. recently banned due to their association with criminal activities.
The Philippine Constitution prohibits foreign nationals from owning land, except in cases of hereditary succession.
The bill was introduced by senior deputy speaker Aurelio Gonzales Jr., deputy speaker David Suarez, and Quad Committee chairs Robert Ace Barbers, Dan Fernandez, Bienvenido Abante Jr., and Joseph Stephen Paduano.
Also among the bill’s authors are Quad Comm senior vice chair Romeo Acop, and Reps. Johnny Ty Pimentel, Gerville Luistro, Ramon Rodrigo Gutierrez, Francisco Paolo Ortega V, Jefferson Khonghun, and Jonathan Keith Flores.
Under the proposed Civil Forfeiture Act, any land transferred or conveyed to an unqualified foreign national would be deemed null and void.
The Office of the Solicitor General (OSG), with support from the Department of Justice, would initiate civil forfeiture proceedings.
The bill also assumes that any real estate acquired by a foreign national is unlawfully acquired unless proven otherwise. It includes provisions to ensure that forfeited properties are repurposed for the public good.
If agricultural, the land would be distributed to eligible farmers under the Department of Agrarian Reform’s guidance.
Non-agricultural land would be allocated for public services, such as schools and hospitals, or transferred to local governments for social service use.
The bill also seeks to improve monitoring and enforcement by involving local government units and the Land Registration Authority.
Local governments will report any suspicious land transfers to the OSG, while the LRA will monitor transfers for compliance.
Despite ownership restrictions, foreign nationals have long exploited legal loopholes, often through dummy corporations or corrupt practices. The bill aims to close these loopholes and establish a clear framework for civil forfeiture, a press release from the Office of Speaker Martin Romualdez said.
Lawmakers are pressing for the bill’s swift passage, citing the urgent need to address rampant violations of land ownership laws. “By reiterating existing policies against foreign land ownership, establishing the necessary framework for better enforcement, and allocating any forfeited real property for public use, we can curb corrupt practices, if not eliminate them altogether.” ||
