THE ROMAN CATHOLIC APOSTOLIC ADMINISTRATOR OF DAVAO, INC., vs.

THE LAND REGISTRATION COMMISSION and

THE REGISTER OF DEEDS OF DAVAO CITY
G.R. No. L-8451, December 20, 1957

FACTS
Mateo Rodis, Filipino citizen and resident of Davao sold a parcel of land to the petitoner, a corporation sole, w/ Msgr.
Clovis Thibault, a Canadian citizen, as actual incumbent.

When the deed of sale was presented to the Register of Deeds of Davao, the latter required petitioner to submit an
affidavit declaring that 60% of its members were Filipino citizens. The petitioner contended that, it cannot submit such an affidavit
because the corporation has only one incorporator and that according to its AOI, the totality of the Catholic population of Davao
would become the owner of the property bought to be registered.

The Land Registration Commissioner held that the petitioner was not qualified to acquire private lands in the Philippines in
the absence of proof that at least 60% of the capital, property, or its assets was actually owned or controlled by Filipino citizens,
there being no question that the present incumbent of the corporation sole was a Canadian citizen.

Petitioner argued that a corporation sole, irrespective of the citizenship of its incumbent, is not prohibited or disqualified to
acquire and hold real properties. The Corporation Law and the Canon Law are explicit in their provisions that a corporation sole or
"ordinary" is not the owner of the of the properties that he may acquire but merely the administrator thereof.

ISSUE
W/N petitioner is qualified to acquire private agricultural lands in the Philippines.

RULING
YES. The power of a corporation sole to purchase real property, like the power exercised in the case at bar, is not
restricted although the power to sell or mortgage sometimes is, depending upon the rules, regulations, and discipline of the church
concerned represented by said corporation sole. Lands in trust for specific purposes may be registered and title may be issued in its
name.

It can be maintained that, Roman Catholic Apostolic Church in the Philippines has no nationality and that the framers of the
Constitution, did not have in mind the religious corporations sole when they provided that 60% of the capital thereof be owned by
Filipino citizens.

A duly registered corporation sole is an artificial being having the right of succession and the power, attributes, and
properties expressly authorized by law or incident to its existence.