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Case digest · Aliens may not acquire private agricultural land, including residential land
Krivenko vs. Register of Deeds, City of Manila
An alien bought a residential lot in December 1941, and the war interrupted its registration. When the Register of Deeds refused to register it, he went to court, then tried to withdraw his appeal.
Facts
December 1941
Alexander A. Krivenko, an alien, bought a residential lot from the Magdalena Estate, Inc. The war interrupted its registration.
May 1945
The Register of Deeds of Manila denied registration on the ground that, being an alien, Krivenko could not acquire land in this jurisdiction. The Court of First Instance of Manila, by consulta, sustained the refusal, and Krivenko appealed to the Supreme Court.
1947
After the briefs were filed, the case had been voted on and the majority decision was being prepared, Krivenko moved to withdraw his appeal. The motion gave no reason, and the Solicitor General agreed to it. While it was pending, the Department of Justice issued a circular instructing registers of deeds to accept for registration all transfers of residential lots to aliens.
August 29, 1947
The motion to withdraw was denied. According to the Court’s resolution of that date, quoted in Justice Perfecto’s concurring opinion, the Justices were tied five to five, and under Rule 56, section 2, the motion was considered denied.
Issue
May an alien acquire residential land under the Constitution?
Ruling
No. The Court affirmed the judgment sustaining the refusal to register, holding that aliens may not acquire private or public agricultural lands, including residential lands.
The Court first explained why it decided the merits despite the motion: granting the withdrawal would let Krivenko win his case “not by a decision of this Court, but by the decision or circular of the Department of Justice,” and the last vote had resulted in a denial. On the merits, Art. XIII, Sec. 1 of the 1935 Constitution classified lands of the public domain into agricultural, timber and mineral, and “public agricultural lands” had long been understood to include residential lands. Sec. 5, which barred transfers of private agricultural land except to those qualified to acquire or hold lands of the public domain, must be read with Sec. 1, so “agricultural land” in Sec. 5 also includes residential lots. The legislature, in Commonwealth Act No. 141 and Republic Act No. 133, and the executive, in the 1939 opinion of Secretary of Justice Jose Abad Santos, had read the Constitution the same way. Aliens are not completely excluded: since their residence is temporary, they may be granted temporary rights such as a lease, and they may acquire Filipino citizenship. Five Justices concurred with Chief Justice Moran, and Justices Paras, Bengzon, Padilla and Tuason dissented.
“For all the foregoing, we hold that under the Constitution aliens may not acquire private or public agricultural lands, including residential lands, and, accordingly, judgment is affirmed, without costs.”
Doctrine
The constitutional ban on transferring private agricultural land to those not qualified to acquire or hold lands of the public domain covers residential land. It completes the nationalization of public agricultural land: “This constitutional provision closes the only remaining avenue through which agricultural resources may leak into aliens' hands.” Art. XII, Sec. 7 of the 1987 Constitution, which Borromeo vs. Descallar calls “basically a reproduction” of the 1935 provision, now speaks of “private lands.”
Compare: a later sale to a Filipino
In Borromeo vs. Descallar, G.R. No. 159310, February 24, 2009, land bought by an alien was later conveyed by him to a Filipino, and the Filipino’s title was upheld: “The objective of the constitutional provision to keep our lands in Filipino hands has been achieved.”
Bar tip
In the 1935 Constitution, “private agricultural land” includes residential land, and the 1987 Constitution now says “private lands.” A foreigner may still lease land, and Krivenko itself points to Filipino citizenship for those who wish to stay for good.
Hear it explained
Land Titles Jurisprudence Ep. 4, at 2:57
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This digest is general legal information for education, not legal advice, and it is not a substitute for reading the decision. Quoted passages are taken word for word from the full text.