Interoffice Memorandum 1.2 Scan

INTEROFFICE MEMORANDUM
FOR: Atty. Stanley B. Fabito
FROM: Mr. John Ray C. Comayog
RE: Ku Ching: Petition to be a Filipino by electing to be one under Article IV of the

1987 Philippine Constitution
Date: February 3, 2019
________________________________________________________________
FACTS:
Mr. Ku Ching is interested of becoming a naturalized Filipino citizen. He was

born in the Philippines in 1965 of Chinese parents, Pu Ching and his mother, Fu
Ching who was validly naturalized as a Filipino citizen in 1983.
ISSUE:
Is Ku Ching eligible to be a naturalized Filipino citizen under Article IV of the

1987 Constitution?
CONCLUSION:
No. Under Section 1, Article IV of the 1987 Philippine Constitution, Ku

Ching cannot be a Filipino citizen because: He was not a citizen of the Philippines
at the time of the adoption of the 1987 Philippine Constitution; neither his father or
mother are citizens of the Philippines, although his mother, Fu Ching was
naturalized as Filipino citizen, the Constitution is clear that the qualification must
be a citizen of the Philippines; even if he was born before January 17, 1973, he
was not born of a Filipino mother; lastly, he was not naturalized in accordance with
the law.
RECOMMENDATION:
Ku Ching, even though cannot be a Filipino under Article IV of the 1987

Philippine Constitution, he can file for a petition for naturalization under Republic
Act No. 9139 “The Administrative Naturalization Law of 2000” promulgated on
June 8, 2001. Ku Ching is eligible to file a petition for citizenship with the Special
Committee on Naturalization since he meet the qualifications listed in Section 3 of
the statute, that he was born in the Philippines and residing therein since birth; he
was more than eighteen (18) years of age, etc.
RE: Ownership of Philippine land by Foreigners
DATE: February 3, 2019
________________________________________________________________
FACTS:
Mr. Jacob Perez, a billionaire from Colombia wants to invest in the

Philippines by purchasing a 20-hectare land in Batangas and develop it to a resort.
ISSUE:
Can Jacob Perez, a Colombian national, purchase and own land in the
Philippines?
CONCLUSION:
As a general rule, foreigner cannot own land in the Philippines. The

prohibition on foreigners owning Philippine lands is embodied in no less than the
Philippine Constitution. It is clear from the provision of the Constitution that private
land may be transferred only to persons who has the capacity to acquire or hold
lands of the public domain. Those who are qualified to acquire or hold lands are:
Filipino citizens; and corporations at least 60% of the capital of which is owned by
Filipinos. A foreign individual may only lease and not own Philippine land. Such
lease shall be in a long-term contract which must be good for 50 years and after
which, the rent is renewable every 25 years. Since Jacob Perez does not fall within
those who are qualified to acquire or hold lands in the Phiilippines he cannot
purchase the 20-hectare land in Batangas.
RECOMMENDATION:
There are exceptions as to the rule that foreigners cannot acquire land in
the Philippines those are: If the property was acquired under the 1935 Constitution;
if the real property was acquired through heredetary succession; can acquire not
more than 40% of the units of a condominium; if the property was brought by the
owner when he or she was still a natural born Filipino citizen; for Filipinos who
married a foreigner can buy and own land in the Philippines for as long as they
have not renounced said citizenship; lastly, foreigners may own houses or
buildings but not the land where the structures are built on.
RE: Spouses King: Exclusive donation to Mrs. Jenny
________________________________________________________________
FACTS:
Spouses Lucio and Laura King wants to give a Lamborghini Huracan and a
ten-hectare land to their daughter, Jenny without her husband Lawrence Kong
having claim over it.
ISSUE:
Can Spouses Lucio and Laura King give a Lamborghini Huracan and a ten-
hectare land to their daughter, Jenny without Lawrence Kong, her husband having
claim over it?
CONCLUSION:
Spouses Lucio and Laura King can give the abovementioned items. Under
Article 92 paragraph 1 of the Family Code promulgated on February 3, 1988, if
spouses Lucio and Laura King wanted to give a Lamborghini Huracan and a ten-
hectare land to their daughter, Jenny without Lawrence Kong having claim over it,
they can give it gratuitously provided that it not be expressly stated by spouse King
that they shall form part of the the community property. Therefore, the items given
to Jenny will be her exclusive property because ‘property acquired during the
marriage by gratuitous title by either spouse, and the fruits as well as the income
thereof, if any, unless it is expressly provided by the donor, testator or grantor that
they shall form part of the community property.
RECOMMENDATION: N/A
RE: Spouses King: Exclusive donation to Mrs. Jenny
________________________________________________________________
FACTS:
Spouses Lucio and Laura King wants to give a Lamborghini Huracan and a
ten-hectare land to their daughter, Jenny without her husband Lawrence Kong
having claim over it.
ISSUE:
Can Spouses Lucio and Laura King give a Lamborghini Huracan and a ten-
hectare land to their daughter, Jenny without Lawrence Kong, her husband having
claim over it?
CONCLUSION:
Spouses Lucio and Laura King can give the abovementioned items. Under
Article 92 paragraph 1 of the Family Code promulgated on February 3, 1988, if
spouses Lucio and Laura King wanted to give a Lamborghini Huracan and a ten-
hectare land to their daughter, Jenny without Lawrence Kong having claim over it,
they can give it gratuitously provided that it not be expressly stated by spouse King
that they shall form part of the the community property. Therefore, the items given
to Jenny will be her exclusive property because ‘property acquired during the
marriage by gratuitous title by either spouse, and the fruits as well as the income
thereof, if any, unless it is expressly provided by the donor, testator or grantor that
they shall form part of the community property.

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Can a foreigner own land in the Philippines?

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INTEROFFICE MEMORANDUM

FOR: Atty. Stanley B. Fabito

FROM: Mr. John Ray C. Comayog

RE: Ku Ching: Petition to be a Filipino by electing to be one under Article IV of the

Date: February 3, 2019

Mr. Ku Ching is interested of becoming a naturalized Filipino citizen. He was

Is Ku Ching eligible to be a naturalized Filipino citizen under Article IV of the

No. Under Section 1, Article IV of the 1987 Philippine Constitution, Ku

Ku Ching, even though cannot be a Filipino under Article IV of the 1987

FOR: Atty. Stanley B. Fabito

FROM: Mr. John Ray C. Comayog

RE: Ownership of Philippine land by Foreigners

DATE: February 3, 2019

Mr. Jacob Perez, a billionaire from Colombia wants to invest in the

As a general rule, foreigner cannot own land in the Philippines. The

FOR: Atty. Stanley B. Fabito

FROM: Mr. John Ray C. Comayog

RE: Spouses King: Exclusive donation to Mrs. Jenny

DATE: February 3, 2019

FOR: Atty. Stanley B. Fabito

FROM: Mr. John Ray C. Comayog

RE: Spouses King: Exclusive donation to Mrs. Jenny

DATE: February 3, 2019

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