A BILL authorizing the government to seize real 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 (HB) No. 11043, also known as the proposed “Civil Forfeiture Act,” is a direct offshoot of the ongoing investigation by the House Quad Comm into the alleged criminal activities associated with POGOs, such as human trafficking and illegal drugs.

The bill was introduced by Senior Deputy Speaker Aurelio “Dong” Gonzales Jr.; Deputy Speaker David “Jay-jay” Suarez; and Quad Committee chairs Robert Ace Barbers, Dan Fernandez, Bienvenido “Benny” 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 “Jinky Bitrics” Luistro, Ramon Rodrigo “Rodge” Gutierrez, Francisco Paolo Ortega V, Jefferson Khonghun, and Jonathan Keith Flores.

Previously, Quad Comm leaders, along with Gonzales and Suarez, led seven other lawmakers in filing a bill to institutionalize a nationwide POGO ban, reinforcing President Ferdinand R. Marcos Jr.’s directive to protect public safety and national security from criminal activities linked to POGOs.

The proposed Anti-Offshore Gaming Operations Act seeks to ban all offshore gaming in the country and impose penalties for violations.

On October 21, the Quad Comm submitted key documents to the Office of the Solicitor General (OSG) for potential legal actions against Chinese nationals accused of using fake Filipino citizenship to acquire land and establish businesses in the Philippines.

The House mega-panel, composed of the Committees on Dangerous Drugs, Public Order and Safety, Human Rights, and Public Accounts, urged the OSG to fast-track the review and initiate legal actions, including civil forfeiture proceedings, with relevant agencies.

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 continued violation to the provisions of our Constitution on alien land ownership cannot be allowed to continue,” the bill’s explanatory note stated.

Many violators, it pointed out, are connected to POGOs, which President Marcos Jr. recently banned due to their association with criminal activities.

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 seeks to enforce this provision strictly, particularly against foreign nationals who use fraudulent means to bypass the law.

According to the bill’s authors, this issue has escalated in recent years, particularly with the rise of POGOs under former President Rodrigo Roa Roa Duterte.

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

Investigations revealed that some foreign nationals have secured fake birth certificates, passports, and other official documents, allowing them to purchase land illegally.

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

The 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.

The proposed measure includes provisions to ensure forfeited properties are repurposed for the public good.

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.

Local governments will report any suspicious land transfers to the OSG, while the LRA will monitor transfers for compliance.

Despite ownership restrictions, foreign nationals have long exploited legal loopholes, often through dummy corporations or corrupt practices. The bill aims to close these loopholes and establish a clear framework for civil forfeiture.

Lawmakers are pressing for the bill’s swift passage, citing the urgent need to address rampant violations of land ownership laws.

“Moving forward, it is then imperative to never let such activities continue in the Philippines,” the bill’s explanatory note declared.

It added: “Thus, by reiterating existing policies against foreign land ownership, establishing the necessary framework for better enforcement, and allocating any forfeited real property for public use, we can curb corrupt practices, if not eliminate them altogether.”

AUTHOR PROFILE

Ryan Ponce Pacpaco