Lawmakers filed a bill to enable the government to seize real estate unlawfully acquired by foreign nationals linked to illegal Philippine Offshore Gaming Operators (POGOs)
A group of lawmakers in the House of Representatives filed a bill authorizing the government to seize real estate properties unlawfully acquired by foreign nationals, particularly those linked to illegal Philippine Offshore Gaming Operators (POGOs).
House Bill 11043, also known as the proposed Civil Forfeiture Act, is authored by Senior Deputy Speaker Aurelio “Dong” Gonzales Jr. of Pampanga, House Deputy Speaker David “Jay-jay” Suarez of Quezon, and Quad Committee co-chairs Robert Ace Barbers of Surigao del Norte, Dan Fernandez of Santa Rosa, Laguna, Bienvenido “Benny” Abante Jr. of Manila, and Joseph Stephen Paduano of the Abang Lingkod party-list. The new legislative measure was filed on November 7, 2024.
The proposed legislation is a direct response to concerns over foreign nationals acquiring land and property in violation of the 1987 Constitution, which prohibits foreign ownership of private land. According to the Constitution, only Filipino citizens or corporations with at least 60% Filipino ownership are allowed to own land. The bill emphasizes that this constitutional ban must be enforced and upheld to protect national sovereignty and the welfare of Filipino citizens.
“The continued violation to the provisions of our Constitution on alien land ownership cannot be allowed to continue. Thousands of aliens have been flocking to the Philippines to establish POGO which has turned out to be closely linked to criminal activities, such as human trafficking and illegal drugs,” reads a portion of the bill which was cited by GMA Network.
The authors of the bill argue that these unlawful land acquisitions undermine the intent of the constitutional provisions, as well as contribute to a range of social and legal issues within the country.
Key Provisions of the Civil Forfeiture Act
One of the key provisions of House Bill 11043 is the assumption that any real estate acquired by a foreign national is unlawfully acquired unless proven otherwise. This provision places the burden of proof on foreign nationals or entities to demonstrate that their land acquisition complies with Philippine laws. If a foreign national is unable to prove the legality of their land ownership, the bill mandates that the property be forfeited by the government.
The bill also outlines how forfeited properties should be repurposed for the public good. Specifically, it suggests that confiscated land be used to build schools, hospitals, and other essential public services. In cases where the property in question is agricultural land, the bill proposes that the land be distributed to qualified farmers under the guidance of the Department of Agrarian Reform (DAR). This provision aims to ensure that the land is used in a way that benefits the Filipino people, rather than being left idle or misused by foreign entities.
Furthermore, House Bill 11043 envisions the repurposing of confiscated properties for local governments, ensuring that the land is put to use in ways that benefit communities through social services or other public needs.
The bill’s authors believe that enforcing the constitutional ban on foreign land ownership could help curb corruption and illegal practices associated with foreign businesses in the Philippines. The influx of foreign nationals, particularly from China, who have allegedly used fake Filipino citizenship documents to acquire land and establish POGO operations, has raised concerns about the integrity of land transactions and the transparency of the real estate market.
In fact, earlier this year, the House Quad Committee submitted documents to the Office of the Solicitor General (OSG), seeking potential legal action against Chinese nationals accused of using fraudulent documents to acquire land and set up businesses in the Philippines. These activities have led to calls for stricter enforcement of existing laws on foreign ownership and more stringent measures to prevent land acquisitions by foreign nationals that violate the Constitution.
The bill’s authors argue that by reiterating existing policies against foreign land ownership and establishing a clear legal framework for enforcing these policies, the country can better protect its land resources and national interests.
The Civil Forfeiture Act goes beyond simply seizing unlawfully acquired properties—it also aims to ensure that these properties serve a greater purpose. With the forfeiture of land that was unlawfully acquired, the bill seeks to address the needs of the Filipino people by reallocating the land for public services, such as schools, hospitals, and infrastructure projects that benefit local communities.
The reallocation of agricultural land to farmers through the Department of Agrarian Reform is another crucial element of the bill. By redistributing land to eligible farmers, the bill seeks to promote agrarian reform and enhance the livelihoods of Filipino citizens in rural areas. This provision aligns with the country’s ongoing efforts to promote food security and rural development.
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