Ong Ching Po vs. Court of Appeals, GR No. 113472, Dec.

20, 1994, 239 SCRA 341

Facts: 

Petitioner and respondent disputed over a parcel of land. Respondent contends that she

bought the said land from a certain Ong Joi Jong, evidenced by a notarized deed of
sale; and entrusted the administration of the same to petitioner, a Chinese citizen and
the brother of respondent’s husband. Petitioner on the other hand claims that she
bought the disputed land from the same vendor and the sale is evidenced by a
photocopy of a deed of sale.

Issue:

Whether or not an alien may acquire lands in the Philippines by virtue of a Deed of Sale.

Ruling:

No. Whether or not said deed of sale is genuine, the Constitution provides that aliens,
whether individuals or corporations, have been disqualified from acquiring public lands,
hence disqualified also in acquiring private lands.

The capacity to acquire private land is made dependent upon the capacity to acquire or
hold lands of the public domain. Private land may be transferred or conveyed only to
individuals or entities ‘qualified to acquire lands of the public domain’.