Case Digest (G.R. No. L-6336)
Facts:
Dolores D. Alberto v. Tan C. Sing and Dee Bun, G.R. No. L-6336, November 27, 1953, the Supreme Court, Bengzon, J., writing for the Court.In June 1945 Dolores F. Alberto (plaintiff and appellee) owned a parcel of land with improvements in San Juan, Rizal. On June 21, 1945 she sold the property to Tan C. Sing, whose wife is Dee Bun (defendants and appellees). On April 7, 1947 Tan C. Sing executed a conveyance of the same property to Alexandra Y. de Pascual and her husband Ramon Pascual (intervenors and appellants) for P24,000.
On January 8, 1948 Dolores F. Alberto filed suit in the Court of First Instance of Manila to annul the sale on the ground that the Sing spouses were Chinese citizens disqualified by the Constitution from acquiring private agricultural lands. The Pascuals intervened to defend the validity of their acquisition.
The trial court (Court of First Instance of Manila) annulled both transfers, holding that under the Krivenko line of decisions Tan C. Sing had acquired no right to the land and therefore could convey none to the Pascuals. The Pascuals appealed to the Supreme Court, contending that even if the sale to Tan violated the Constitution, the vendor could not recover the property because the buyer's subsequent conveyance to Filipino citizens vested title in the Pascuals; they relied on authorities suggesting that an illegal alien's hold on land may be effective against all private persons until the State acts.
The case reached the Supreme Court by ordinary appeal from the trial court's judgment. The Supreme Court rendered its decision on November 27, 1953; se...(Pro-only)
Issues:
- May the seller, Dolores F. Alberto, recover the property or annul the sale she made to Tan C. Sing, a Chinese citizen disqualified by the Constitution from acquiring private agricultural land?
- Does the subsequent conveyance by the ineligible alien to Alexandra Y. de Pascual and Ramon Pascual, Filipino citizens, protect the purchasers so that the origina...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)