Krivenko vs Register of Deeds, GR No.

L-630,November 15, 1947; 79 Phil 461

(Land Titles and Deeds
Aliens disqualified from acquiring public and private lands)
Facts:
An alien bought a residential lot and its registration was denied by the Register of Deeds on the ground
that being an alien, he cannot acquire land in this jurisdiction. When the former brought the case to the CFI,
the court rendered judgement sustaining the refusal of the Register of Deeds.
Issue:
WON an alien may own private lands in the Philippines.
Held:
No.
Public agricultural lands mentioned in Sec. 1, Art. XIII of the 1935 Constitution, include residential,
commercial and industrial lands, the Court stated:
Natural resources, with the exception of public agricultural land, shall not be alienated, and with
respect to public agricultural lands, their alienation is limited to Filipino citizens. But this constitutional
purpose conserving agricultural resources in the hands of Filipino citizens may easily be defeated by the
Filipino citizens themselves who may alienate their agricultural lands in favor of aliens. Thus Section 5,
Article XIII provides: Save in cases of hereditary succession, no private agricultural lands will be transferred
or assigned except to individuals, corporations or associations qualified to acquire or hold lands of the
public domain in the Philippines