Citizenship Requirement Flashcards
Citizenship Requirement to acquire land
Sec. 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporation, or association qualified to acquire or hold lands of the public domain.
Sec. 8. Notwithstanding the provisions of section 7of this Article, a natural-born citizen of the Philippines who has lost his Philippines citizenship may be a transferee of private lands, subject to the limitations provided by law.
Can Aliens lease private lands; Llantino v. Co Liong Chong
A lease to an alien for a reasonable period is valid. So a an option giving an alien the right to buy real property on the condition that he is granted Philippine citizenship.
Aliens are not completely excluded from by the Constitution from use of land 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.
[However]
A contract of lease may be considered invalid, if there circumstances attendant to its execution, which are used as a scheme to circumvent the constitutional prohibition.
Can a corporation sole acquire agricultural lands?; Roman Catholic Apostolic Administrator of Davao Inc. v. Land Registration Comm.
Yes.
Corporation Sole shall not become owners of the properties that he acquire but merely the administrator thereof and holds the same in trust for the church to which the corporation is an organized and constituent part. Being mere administrator of the temporalities or properties titled in his name, the constitutional provision requiring 60 per centum Filipino ownership is not applicable. The said constitution provision is limited by its term to ownership alon and does not extend to control UNLESS the control over the property affected has been devised to circumvent the real purpose of the constitution.
No nationality
Register of Deed of Rizal v. Ung siu si temple
A deed of donation of a parcel of land executed by a Filipino citizen in favor of a religious organization whose founder, trustees and administrator are non-Filipinos, can not be admitted for registration.
