Professional Documents
Culture Documents
'It is a misconception to believe that under this Thus, whether from the Philippine or the American side,
amendment Americans will be able to acquire all kinds of the intention was to secure parity for United States
natural resources of this country, and even after the citizens only in two matters: (1) exploitation,
expiration of 28 years their acquired rights cannot be development and utilization of public lands, and other
divested from them. If we read carefully the language of natural resources of the Philippines; and (2) the
thisamendment which is taken verbatim from the operation of public utilities. That and nothing else.
provisions of the Bell Act, and, which in turn, is taken
also verbatim from certain sections of theConstitution,
you will find out that the equality of rights granted Under the "Parity Amendment" to our Constitution,
under this amendment refers only to two subjects. citizens of the United States and corporations and
Firstly, it refers to exploitation of natural resources, and business enterprises owned or controlled by them can
secondly, it refers to the operation of public utilities . not acquire and own, save in cases of hereditary
Now, when it comes to exploitation of natural resources, succession, private agricultural lands in the Philippines
it must be pointed out here that under our Constitution and that all other rights acquired by them under said
and under this amendment, only public agricultural land Amendment will expire on 3 July 1974.
may be acquired, may be bought, so that on the
supposition that we give way to this amendment and on
the further supposition that it is approved by our people,
Krivenko vs. The Register of Deeds, City of Manila
let not the mistaken belief be entertained that all kinds
of natural resources may be acquired by Americans G.R. No. L-360 November 15, 1947
because under our Constitution forest lands cannot be
bought, mineral lands cannot be bought, because by
explicit provision of the Constitution they belong to the ALEXANDER A. KRIVENKO, petitioner-appelant,
State, they belong to our Government, they belong to vs. THE REGISTER OF DEEDS, CITY OF MANILA,
our people. That is why we call them rightly the respondent and appellee.
patrimony of our race. Even if the Americans should so
desire, they can have no further privilege than to ask for
a lease of concession of forest lands and mineral lands
FACTS:
because it is so commanded in the Constitution. And
under the Constitution, such a concession is given only
for a limited period. It can be extended only for 25 Alexander Krivenko, an alien, bought a residential lot in
years, renewable for another 25. So that with respect to December of 1941. The registration was interrupted by
mineral or forest lands, all they can do is to lease it for war. In 1945, he sought to accomplish the registration
25 years, and after the expiration of the original 25years but was denied by the register of deed on ground that,
they will have to extend it, and I believe it can be being an alien, he cannot acquire land within the
extended provided that it does not exceed 28 years jurisdiction. Krivenko appealed to the Court.
because this agreement is to be effected only as an
ordinance and for the express period of 28 years . So ISSUES:
that it is my humble belief that there is nothing to worry
about insofar as our forest and mineral lands are 1. Whether or not an alien under our Constitution may
concerned. acquire residential land?
2. Whether or not the prohibitions of the rights to
acquire residential lot that was already of private CFI upheld the action of the Rizal Register of
ownership prior to the approval of this Constitutions is Deeds. Basis: sections 1 and 5 of Article XIII of the
applicable at the case at bar? Constitution of the Philippines limiting the acquisition of
land in the Philippines to its citizens, or to corporations
or associations at least sixty per centum of the capital
RULING: stock of which is owned by such citizens adopted after
the enactment of said Act No. 271, and the decision of
1. NO. Under the Article XIII, Section 1, of the the Supreme Court in the case of Krivenko vs. the
Constitution states that: All agricultural, timber, and Register of Deeds of Manila, the deed of donation in
mineral lands of the public domain, water, minerals, question should not be admitted for admitted for
coal, petroleum, and other mineral oils, all forces of registration.
potential energy, and other natural resources of the Not satisfied with the ruling of the Court of First
Philippines belong to the State, and their disposition, Instance, counsel for the donee Uy Siu Si TempDADAAle
exploitation, development, or utilization shall be limited has appealed to this Court, claiming: (1) that the
to citizens of the Philippines, or to corporations or acquisition of the land in question, for religious
associations at least sixty per centum of the capital of purposes, is authorized and permitted by Act No. 271 of
which is owned by such citizens, subject to any existing the old Philippine Commission, providing as follows:
right, grant, lease, or concession at the time of the
inauguration of the Government established under this SECTION 1. It shall be lawful for all religious
Constitution. This means to say that, under the associations, of whatever sort or denomination, whether
provisions of the Constitutions, aliens are not allowed to incorporated in the Philippine Islands or in the name of
acquire the ownership of urban or residential lands in other country, or not incorporated at all, to hold land in
the Philippines and, as consequence, all acquisitions the Philippine Islands upon which to build churches,
made in contravention of the prohibitions since the parsonages, or educational or charitable institutions.
fundamental law became effective are null and void per
SEC. 2. Such religious institutions, if not incorporated,
se and ab initio.
shall hold the land in the name of three Trustees for the
use of such associations; . . .. (Printed Rec. App. p. 5.)
2. Prior to the Constitution, there were in the Public
Land Act No. 2874 sections 120 and 121 which granted and (2) that the refusal of the Register of Deeds violates
aliens the right to acquire private only by way of the freedom of religion clause of our Constitution [Art.
reciprocity. It is to be observed that the pharase "no III, Sec. 1(7)].
land" used in this section refers to all private lands,
whether strictly agricultural, residential or otherwise, ISSUE: whether a deed of donation of a parcel of land
there being practically no private land which had not executed in favor of a religious organization whose
been acquired by any of the means provided in said two founder, trustees and administrator are Chinese citizens
sections. Therefore, the prohibition contained in these should be registered or not.
two provisions was, in effect, that no private land could HELD:
be transferred to aliens except "upon express
authorization by the Philippine Legislature, to citizens of The provisions of Act No. 271 of the old Philippine
Philippine Islands the same right to acquire, hold, lease, Commission must be deemed repealed since the
encumber, dispose of, or alienate land." In other words, Constitution was enacted, in so far as incompatible
aliens were granted the right to acquire private land therewith. In providing that, —
merely by way of reciprocity.
Save in cases of hereditary succession, no private
agricultural land shall be transferred or assigned except
to individuals, corporations or associations qualified to
acquire or hold lands of the public domain in the
G.R. No. L-6776 May 21, 1955 Philippines,
THE REGISTER OF DEEDS OF RIZAL, petitioner- the Constitution makes no exception in favor of religious
appellee, associations.
vs. The fact that the appellant religious organization has no
UNG SIU SI TEMPLE, respondent-appellant. capital stock does not suffice to escape the
FACTS: The Register of Deeds for the province of Rizal Constitutional inhibition, since it is admitted that its
refused to accept for record a deed of donation members are of foreign nationality. To permit religious
executed in due form on January 22, 1953, by Jesus Dy, associations controlled by non-Filipinos to acquire
a Filipino citizen, conveying a parcel of residential land, agricultural lands would be to drive the opening wedge
in Caloocan, Rizal, known as lot No. 2, block 48-D, PSD- to revive alien religious land holdings in this country.
4212, G.L.R.O. Record No. 11267, in favor of the The resolution appealed from is affirmed, with
unregistered religious organization “Ung Siu Si Temple”, costs against appellant.
operating through three trustees all of Chinese
nationality. The donation was duly accepted by Yu Juan,
of Chinese nationality, founder and deaconess of the
Temple, acting in representation and in behalf of the
latter and its trustees. TOPIC: Nationality of a corporation
Roman Catholic Apostolic Administrator of Davao, from one another in jurisdiction, governed by different
Inc. v. The Land Registration Commission and the laws under which they are incorporated, and entirely
Register of Deeds of Davao City, G.R. No. L-8451, independent on the others in the management and
December 20,1957 ownership of their temporalities. To allow theory that
the Roman Catholic Churches all over the world follow
Facts:
the citizenship of their Supreme Head, the Pontifical
On October 4, 1954, Mateo L. Rodis, a Filipino citizen Father, would lead to the absurdity of finding the
and resident of the City of Davao, executed a deed of citizens of a country who embrace the Catholic faith and
sale of a parcel of land located in the same city covered become members of that religious society, likewise
by Transfer Certificate No. 2263, in favor of the Roman citizens of the Vatican or of Italy. And this is more so if
Catholic Apostolic Administrator of Davao Inc.,(RCADI) is We consider that the Pope himself may be an Italian or
corporation sole organized and existing in accordance national of any other country of the world. The same
with Philippine Laws, with Msgr. Clovis Thibault, a thing be said with regard to the nationality or citizenship
Canadian citizen, as actual incumbent. Registry of Deeds of the corporation sole created under the laws of the
Davao (RD) required RCADI to submit affidavit declaring Philippines, which is not altered by the change of
that 60% of its members were Filipino Citizens. As the citizenship of the incumbent bishops or head of said
RD entertained some doubts as to the registerability of corporation sole.
the deed of sale, the matter was referred to the Land
We must therefore, declare that although a branch of
Registration Commissioner (LRC) en consulta for the Universal Roman Catholic Apostolic Church, every
resolution. LRC hold that pursuant to provisions of
Roman Catholic Church in different countries, if it
sections 1 and 5 of Article XII of the Philippine exercises its mission and is lawfully incorporated in
Constitution, RCADI is not qualified to acquire land in
accordance with the laws of the country where it is
the Philippines in the absence of proof that at leat 60% located, is considered an entity or person with all the
of the capital, properties or assets of the RCADI is
rights and privileges granted to such artificial being
actually owned or controlled by Filipino citizens. LRC also under the laws of that country, separate and distinct
denied the registration of the Deed of Sale in the
from the personality of the Roman Pontiff or the Holy
absence of proof of compliance with such requisite. See, without prejudice to its religious relations with the
RCADI’s Motion for Reconsideration was denied.
latter which are governed by the Canon Law or their
Aggrieved, the latter filed a petition for mandamus. rules and regulations.
Issue:
It has been shown before that: (1) the corporation sole,
Whether or not the Universal Roman Catholic Apostolic unlike the ordinary corporations which are formed by no
Church in the Philippines, or better still, the corporation less than 5 incorporators, is composed of only one
sole named the Roman Catholic Apostolic Administrator persons, usually the head or bishop of the diocese, a
of Davao, Inc., is qualified to acquire private agricultural unit which is not subject to expansion for the purpose of
lands in the Philippines pursuant to the provisions of determining any percentage whatsoever; (2) the
Article XIII of the Constitution. corporation sole is only the administrator and not the
owner of the temporalities located in the territory
Ruling: comprised by said corporation sole; (3) such
temporalities are administered for and on behalf of the
RCADI is qualified.
faithful residing in the diocese or territory of the
While it is true and We have to concede that in the corporation sole; and (4) the latter, as such, has no
profession of their faith, the Roman Pontiff is the nationality and the citizenship of the incumbent Ordinary
supreme head; that in the religious matters, in the has nothing to do with the operation, management or
exercise of their belief, the Catholic congregation of the administration of the corporation sole, nor effects the
faithful throughout the world seeks the guidance and citizenship of the faithful connected with their respective
direction of their Spiritual Father in the Vatican, yet it dioceses or corporation sole.
cannot be said that there is a merger of personalities
In view of these peculiarities of the corporation sole, it
resultant therein. Neither can it be said that the political
would seem obvious that when the specific provision of
and civil rights of the faithful, inherent or acquired under
the Constitution invoked by respondent Commissioner
the laws of their country, are affected by that
(section 1, Art. XIII), was under consideration, the
relationship with the Pope. The fact that the Roman
framers of the same did not have in mind or overlooked
Catholic Church in almost every country springs from
this particular form of corporation. If this were so, as the
that society that saw its beginning in Europe and the
facts and circumstances already indicated tend to prove
fact that the clergy of this faith derive their authorities
it to be so, then the inescapable conclusion would be
and receive orders from the Holy See do not give or
that this requirement of at least 60 per cent of Filipino
bestow the citizenship of the Pope upon these branches.
capital was never intended to apply to corporations sole,
Citizenship is a political right which cannot be acquired
and the existence or not a vested right becomes
by a sort of “radiation”. We have to realize that although
unquestionably immaterial.
there is a fraternity among all the catholic countries and
the dioceses therein all over the globe, the universality
that the word “catholic” implies, merely characterize
their faith, a uniformity in the practice and the
interpretation of their dogma and in the exercise of their
belief, but certainly they are separate and independent
EPIFANIA SARSOSA VDA. DE BARSOBIA sine5istent and void from the "eginning, "ecause it was
andPACITA W. VALLAR acontract e5ecuted against the mandatory provision of
the1236 Constitution, which is an e5pression of pu"licpol
vs
icy to conserve lands for the &ilipinos!7ad this "een
VICTORIANO T. CUENCO,G.R. No. L-33048. Ap!" a suit "etween %pifania and ng ing $o,she could
#$, #%8&FACTS' have "een declared entitled to the litigatedland!
But the factual set-up has changed! The litigatedpropert
• y is now in the hands of a naturali'ed &ilipino! t isno
longer owned "y a dis+ualified vendee! 8espondent,as a
The lot in controversy is a one-half portion (onthe
naturali'ed citi'en, was constitutionally +ualified toown
northern side) of two adjoining parcels
the su"ject property! There would "e no more
of coconut land located at Barrio Mancapagao,Sagay, Ca
pu"licpolicy to "e served in allowing petitioner %pifania t
miguin, Misamis riental (nowCamiguin province)!
orecover the land as it is already in the hands
• of a+ualified
person!/hile, strictly speaing, ng ing $o, privateres
The entire land was owned previously "y acertain pondent9s vendor, had no rights of ownership totransmi
#eocadia Balisado, who had sold it to thespouses t, it is liewise inescapa"le that petitioner %pifania had
$atricio Barso"ia (now deceased) and%pifania Sarsosa, slept on her rights for :4 years from 1234to 124:! By her
who were &ilipino citi'ens! long inaction or ine5cusa"le neglect, sheshould "e held
• "arred from asserting her claim to thelitigated property!
8espondent, therefore, must "e declared to "e therightful
%pifania who was then a widow, sold the land owner of the property!
incontroversy to a Chinese,
ng ing $o wholater too actual possession and enjo
yed thefruits of the property!
ng ing $o later litigated the property to*ictoriano Cu
enco, a naturali'ed &ilipino whoimmediately too
possession of the property!
Cuenco then filed a case for &orci"le %ntryagainst
%pifania "efore the MTC which was
later dismissed since the +uestion of possessioncould
not "e properly determined without firstsettling the issue
on ownership!
ISSUE'
/ho is the rightful owner of the property0