Title
Augusto J. D. Cortes vs. Dee Chian Hong and Sons, Inc.
Case
G.R. No. L-3107
Decision Date
Nov 27, 1953
Plaintiff sold land to a corporation with Chinese shareholders, violating constitutional prohibition. Sale void, but plaintiff cannot rescind; only the state can enforce the prohibition.
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Case Digest (G.R. No. L-3107)

Facts:

Parties Involved:

  • Plaintiff/Appellant: Augusto J. D. Cortes
  • Defendant/Appellee: Dee Chian Hong & Sons, Inc.

Transaction Details:

  • On September 10, 1936, the plaintiff, Augusto J. D. Cortes, sold a parcel of land located at the corner of Rosario and Ongpin Streets in Manila, along with a four-story reinforced concrete building, to Dee Chian Hong & Sons, Inc., for the sum of P143,000.
  • The defendant, Dee Chian Hong & Sons, Inc., is a corporation whose shareholders are all Chinese citizens.
  • Transfer Certificate of Title No. 49918 was issued in favor of the defendant.

Legal Action:

  • The plaintiff sought the extrajudicial rescission of the contract, but the defendant refused.
  • Consequently, the plaintiff filed a lawsuit to rescind the sale and recover the property.

Lower Court Decision:

  • The trial court dismissed the plaintiff's complaint.

Issue:

  1. Whether the plaintiff, Augusto J. D. Cortes, has the right to seek the rescission of the sale contract, which was allegedly made in violation of the constitutional prohibition against the sale of land to aliens.
  2. Whether the sale to the defendant, whose shareholders are all Chinese citizens, is null and void under the Constitution.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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