Citizenship Requirement
Citizenship Requirement
Citizenship Requirement
Requirement
Under section 1 of Article XIII of the Constitution, "natural
resources, with the exception of public agricultural land,
shall not be aliented," and with respect to public agricultural
lands, their alienation is limited to Filipino citizens. But this
constitutional purpose conserving agricultural resources in
the hands of Filipino citizens may easily be defeated by the
Filipino citizens themselves who may alienate their
agricultural lands in favor of aliens. It is partly to prevent this
result that section 5 is included in Article XIII, and it reads as
follows:
Sec. 5. Save in cases of hereditary succession, no private
agricultural land will be transferred or assigned except to
individuals, corporations, or associations qualified to acquire or
hold lands of the public domain in the Philippines.
This constitutional provision closes the only remaining
avenue through which agricultural resources may leak into
aliens' hands. It would certainly be futile to prohibit the
alienation of public agricultural lands to aliens if, after all,
they may be freely so alienated upon their becoming
private agricultural lands in the hands of Filipino citizens.
Undoubtedly, as above indicated, section 5 is intended to
insure the policy of nationalization contained in section 1.
RATIONALE: ”that lands, minerals, forests, and other natural
resources constitute the exclusive heritage of the Filipino nation.
They should, therefore, be preserved for those under the sovereign
authority of that nation and for their posterity."