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 on Thursday.
House Bill 11043, also known as the proposed “Civil Forfeiture Act,” is a direct offshoot of the ongoing investigation by the House Quad Committee into the alleged criminal activities associated with POGOs, such as human trafficking and illegal drugs.
The bill was introduced by Senior Deputy Speaker Aurelio Gonzales Jr., Deputy Speaker David Suarez, and Quad Comm 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.
The proposed Civil Forfeiture Act 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 Philippine Constitution prohibits foreign nationals from owning land except in cases of hereditary succession. Article XII, Sections 7 and 8 of the 1987 Constitution specifically restrict private land ownership to Filipinos or corporations with at least 60 percent Filipino ownership.
The bill proposes to enforce this provision strictly, particularly against foreign nationals who use fraudulent means to bypass the law.
Under the proposed Civil Forfeiture Act, any land transferred or conveyed to an unqualified foreign national would be deemed null and void. The measure includes provisions to ensure forfeited properties are repurposed for the public good.
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.
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 (LRA). Local governments will report suspicious land transfers to the OSG, while the LRA monitors transfers for compliance.
