RA 7652 Investors Lease Act
RA 7652 Investors Lease Act
RA 7652 Investors Lease Act
SECTION 1. Title. — This Act shall be known as the "Investors' Lease Act."
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State
to encourage foreign investments consistent with the constitutional mandate to conserve
and develop our own patrimony. Towards this end, the State hereby adopts a exible and
dynamic policy on the granting of long-term lease on private lands to foreign investors for
the establishment of industrial estates, factories, assembly or processing plants, agro-
industrial enterprises, land development for industrial, or commercial use, tourism, and
other similar priority productive endeavors. cdt
SECTION 3. Definitions. — For purposes of this Act, unless the context indicates
otherwise, the term:
(1) "Investing in the Philippines" shall mean making an equity investment
in the Philippines through actual remittance of foreign exchange or
transfer of assets, whether in the form of capital goods, patents,
formulae, or other technological rights or processes, upon
registration with the Securities and Exchange Commission; and cdtai
(2) "Withdrawal of approved investment" shall mean either; (a) the failure
to operate the investment project for any three (3) consecutive years;
or (b) outright abandonment of the investment project at any time
during the approved lease period: Provided, That failure to pay lease
rental for three (3) consecutive months coupled with the failure to
operate the investment project for the same period shall be deemed
an outright abandonment of the project.
SECTION 4. Coverage. — Any foreign investor investing in the Philippines shall be
allowed to lease private lands in accordance with the laws of the Republic of the
Philippines subject to the following conditions: cd
(1) No lease contract shall be for a period exceeding fty (50) years,
renewable once for a period of not more than twenty- five (25) years;
(2) The leased area shall be used solely for the purpose of the
investment upon the mutual agreement of the parties;
(3) The leased premises shall comprise such area as may reasonably be
required for the purpose of the investment subject however to the
Comprehensive Agrarian Reform Law and the Local Government
Code.
The leasehold right acquired under long-term lease contracts entered into pursuant
to this Act may be sold, transferred, or assigned: Provided, That when the buyer,
transferee, or assignee is a foreigner or a foreign-owned enterprise, the conditions and
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limitations in respect to the use of the leased property as provided for under this Act shall
continue to apply. cdtai
(4) In addition to the conditions for the renewal of a lease agreement after the
period of fty (50) years as provided herein, the foreign lease shall show that it has made
social and economic contributions to the country.
(5) In the case of tourism projects, lease of private lands by foreign investors
quali ed herein shall be limited to projects with an investment of not less than ve million
(5M) US dollars, seventy percent (70%) of which shall be infused in said project within
three years from the signing of the lease contract.
SECTION 6. Termination of Lease Contract . — The Secretary of Trade and
Industry shall terminate any lease contract entered into under the provisions of this Act, if
the investment project is not initiated within three (3) years from the signing of the lease
contract. cd