Krivenko V Register of Deeds

FACTS:

Alexander Krivenko, an alien, bought a residential lot in December of 1941. The registration was
interrupted by war. In 1945, he sought to accomplish the registration but was denied by the register of
deed on ground that, being an alien, he cannot acquire land within the jurisdiction. Krivenko appealed to
the Court.

ISSUES:

1. Whether or not an alien under our Constitution may acquire residential land?

2. Whether or not the prohibitions of the rights to acquire residential lot that was already of private
ownership prior to the approval of this Constitutions is applicable at the case at bar?

RULING:

1. NO. Under the Article XIII, Section 1, of the Constitution states that: All agricultural, timber, and mineral
lands of the public domain, water, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, and other natural resources of the Philippines belong to the State, and their disposition,
exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations
or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any
existing right, grant, lease, or concession at the time of the inauguration of the Government established
under this Constitution. This means to say that, under the provisions of the Constitutions, aliens are not
allowed to acquire the ownership of urban or residential lands in the Philippines and, as consequence, all
acquisitions made in contravention of the prohibitions since the fundamental law became effective are
null and void per se and ab initio.

2. Prior to the Constitution, there were in the Public Land Act No. 2874 sections 120 and 121 which granted
aliens the right to acquire private only by way of reciprocity. It is to be observed that the pharase "no
land" used in this section refers to all private lands, whether strictly agricultural, residential or otherwise,
there being practically no private land which had not been acquired by any of the means provided in said
two sections. Therefore, the prohibition contained in these two provisions was, in effect, that no private
land could be transferred to aliens except "upon express authorization by the Philippine Legislature, to
citizens of Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land."
In other words, aliens were granted the right to acquire private land merely by way of reciprocity.