Krivenko v Register of Deeds 44 OG 471

November 15, 1947

Facts:

Alenxander A. Kriventor alien, bought a residential lot from the Magdalena Estate, Inc.,
in December 1941. The registration however, was interrupted by the war. In May, 1945, he
sought to accomplish said registration. The register of deeds of Manila denied registration on
the ground that, being an alien, he cannot acquire land in this jurisdiction. Krivenko then
brought the case (to the fourth branch of the Court of First Instance of Manila) by means of
a consulta, and that court rendered judgment sustaining the refusal of the register of deeds,
from which Krivenko appealed to this Court.

Issue:

May an alien acquire private lands from Filipino citizens?

Held:

No. It would certainly be futile to prohibit the alienation of public agricultural lands to
aliens if, after all, they may be freely so alienated upon their becoming private agricultural
lands in the hands of Filipino citizens. Lands and natural resources are immovables and as
such can be compared to the vital organs of a person's body, the lack of possession of which
may cause instant death or the shortening of life.

Prior to the Constitution, under Public Land Act No. 2874, aliens could acquire public
agricultural lands used for industrial or residential purposes, and lands of the public domain
suitable for residence or industrial purposes could be sold or leased to aliens. But, after the
Constitution and under Commonwealth Act No. 141, the right of aliens to acquire such kind of
lands is completely stricken out, and that such land may only be leased, but not sold, to
aliens, and the lease granted shall only be valid while the land is used for the purposes referred
to.

Under section 1 of Article XIII of the Constitution, "natural resources, with the
exception of public agricultural land, shall not be aliented," their alienation is limited to
Filipino citizens. section 5 is included in Article XIII, and it reads as follows:

Sec. 5. Save in cases of hereditary succession, no private agricultural land will be

transferred or assigned except to individuals, corporations, or associations qualified to acquire
or hold lands of the public domain in the Philippines.

We are deciding the instant case under section 5 of Article XIII of the Constitution
which is more comprehensive and more absolute in the sense that it prohibits the transfer to
alien of any private agricultural land including residential land whatever its origin might have
been. However, aliens are not completely excluded by the Constitution from the use of lands for
residential purposes. Since their residence in the Philippines is temporary, they may be
granted temporary rights such as a lease contract which is not forbidden by the Constitution.
Should they desire to remain here forever and share our fortunes and misfortunes, Filipino
citizenship is not impossible to acquire.