Case No.

363
Godinez vs. Pak Luen 120 SCRA 223 January 27, 1983
Nature of Action:
This is an appeal for the order of the Court of First Instance of Sulu.
Facts:
Jose Godinez, father of herein petitioners, sold a parcel of land to a Chinese citizen, Fong
Pak Luen. Such transaction is contrary to law for it is prohibited by the Constitution. Later on, Pak
Luen together with his co-defendant sold the land to a Filipino citizen, Trinidad S. Navata. Pak
Luen and Kwan Pun Ming are not qualified to own lands in the country. The heirs of Godinez then
file a case to recover a parcel of land sold by their father, now deceased, to Fong Pak Luen on the
ground that the sale was null and void ab initio because of its violation of the Constitution and the
Civil Code. Natividad filed her answer claiming that the complaint does not state a cause of action
and that the period to bring the action has already prescribed. Navata also asserted that she suffered
moral damages because of the suit filed and that it is only meant to harass her, a respectable person
in the community and a civic leader. The Court of First Instance of Sulu dismissed the complaint.
The case was then filed at the Court of Appeals but the latter was elevated to the Supreme Court
for this is a pure question of the law.
Issue:
Whether the sale is null and void ab initio.
Whether the heirs of Jose Godinez has the right over the disputed property.
Ruling:
The petition denied the petition and affirmed the decision of the Court of First Instance of
Sulu and declared Natividad the titled owner of the property is declared of the rightful owner.
Ratio Decidendi:
In the case of Sarsosa vda. de Barsobia V. Cuenco, which has a similar situation with the
case at bar. The Court ruled in that said case that new owner, who is a Filipino and is qualified to
own the land. In another case, the Supreme Court declared that where the land is sold to a Chinese
citizen who later sold it to a Filipino citizen, the sale to the latter cannot be impugned. The sale of
Pak Luen to Natividad cannot be impugned by the heirs of Godinez.