Case Digest (G.R. No. L-630)
Facts:
Alexander A. Krivenko v. Register of Deeds, City of Manila, G.R. No. L-630, November 15, 1947, the Supreme Court En Banc, Moran, C.J., writing for the Court.Petitioner Alexander A. Krivenko, an alien, purchased a residential lot from Magdalena Estate, Inc. in December 1941; wartime conditions interrupted registration. In May 1945 he presented the title for registration to the Register of Deeds, City of Manila, who refused, on the ground that, as an alien, Krivenko could not acquire land in the Philippines.
Krivenko invoked the administrative remedy for disputed registrations and filed a consulta in the Fourth Branch of the Court of First Instance of Manila; that court sustained the Register of Deeds’ refusal. Krivenko appealed the consulta ruling to the Supreme Court. After briefs were filed and the case had been deliberated and voted, Krivenko moved to withdraw his appeal; the Solicitor General concurred in the motion.
While the motion to withdraw was pending, the Department of Justice issued Circular No. 128 (amending an earlier Circular No. 14), instructing registers of deeds to accept for registration transfers of private urban lands to aliens and thereby relaxing the prior administrative practice. The Supreme Court considered the motion to withdraw, the circumstances surrounding the DoJ circular, and the public interest implicated; the Court denied the motion and proceeded t...(Pro-only)
Issues:
- Should the Supreme Court grant petitioner’s motion to withdraw the appeal after briefs were filed and the case had been voted?
- Under the Constitution, may an alien acquire private or public residential (urban) land—that is, does the phrase "private agricultural land" in Article XIII inc...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)