Land recall bill filed in House

House leaders filed a bill on Thursday seeking to allow the government to forfeit real estate illegally acquired by foreign nationals, particularly those involved in Philippine Offshore Gaming Operators (POGO).

The filing of House Bill 11043, or the proposed Civil Forfeiture Act, came on the heels of the ongoing congressional probe into spurious documents purportedly used by Chinese nationals, such as birth certificates and Philippine passports, to unlawfully obtain land and set up businesses in the country as a front for their criminal activities.

“Thousands of aliens have been flocking to the Philippines to establish [POGOs], which have turned out to be closely linked to criminal activities such as human trafficking and illegal drugs,” the bill reads.

The proposed law aims to reinforce the constitutional ban on foreign land ownership, which lawmakers contend had long been established, even under the 1935 Constitution.

The authors include Senior Deputy Speaker Aurelio “Dong” Gonzales Jr., Deputy Speaker David Suarez, Quad Committee chair Ace Barbers, and co-chairs Dan Fernandez, Bienvenido Abante Jr. and Joseph Stephen Paduano.

The committee investigation revealed that Chinese nationals with ties to POGOs used falsified documents to obtain Filipino citizenship that enabled them to acquire thousands of hectares of land in violation of the Constitution.

The 1987 Constitution allows foreign nationals to own up to 40 percent of land and businesses, while 60 percent must be owned by Filipinos.

In October, the lawmakers submitted their initial findings to the Office of the Solicitor General, urging it to pursue legal action, including civil forfeiture cases, against the foreign nationals.

Acting on the request, Solicitor General Menardo Guevarra said the OSG was collaborating with key agencies to secure additional evidence for case buildups.

Under the proposed Civil Forfeiture Act, any land transfer or conveyance to an unqualified foreign national would be deemed null and void.

The bill also assumes that any real estate acquired by a foreign national was unlawfully acquired unless proven otherwise.

The proposed measure includes provisions to ensure that forfeited properties are repurposed for the public good. Agricultural land would be distributed to eligible farmers under the Department of Agrarian Reform’s guidance, while non-agricultural land would be allocated to public services, such as schools and hospitals, or transferred to local governments for social service use.