Case Digest (G.R. No. L-6776)
Facts:
In The Register of Deeds of Rizal v. Ung Siu Si Temple (G.R. No. L-6776, May 21, 1955), Jesus Dy, a Filipino citizen, executed on January 22, 1953 a deed of donation conveying Lot No. 2, Block 48-D, PSD-4212, G.L.R.O. Record No. 11267, in Caloocan, Rizal, in favor of Ung Siu Si Temple, an unregistered religious association whose founder, trustees, and administrator are all Chinese nationals. The donation was accepted by Yu Juan, a Chinese-national deaconess, acting on behalf of the Temple and its trustees. The Register of Deeds for Rizal refused to record the deed, invoking Sections 1 and 5, Title XIII of the 1935 Constitution and this Court’s decision in Krivenko v. Register of Deeds of Manila, which limits land acquisition to Filipino citizens or to corporations/associations with at least sixty percent Filipino ownership. On March 14, 1953, the IVth Branch of the Court of First Instance of Manila en banc affirmed the Register’s refusal. Ung Siu Si Temple then appealed to the SCase Digest (G.R. No. L-6776)
Facts:
- Background of the Donation
- On January 22, 1953, Jesus Dy, a Filipino citizen, executed a deed of donation conveying a parcel of residential land in Caloocan, Rizal (Lot No. 2, Block 48-D, PSD-4212, G.L.R.O. Record No. 11267) in favor of Ung Siu Si Temple, an unregistered religious organization.
- Ung Siu Si Temple was represented by three trustees and its deaconess, Yu Juan, all of whom were of Chinese nationality.
- Initial Refusal and Consulta
- The Register of Deeds of Rizal refused to accept the deed for registration, invoking the constitutional limitation on land acquisition by aliens or alien-controlled entities.
- The matter was elevated “en consulta” to the IVth Branch of the Court of First Instance of Manila.
- Decision of the Court of First Instance
- On March 14, 1953, the Court upheld the refusal, citing Article XIII, Sections 1 and 5 of the 1935 Constitution, and the Supreme Court decision in Krivenko v. Register of Deeds of Manila.
- The Court held that only Filipino citizens or corporations/associations with at least 60% Filipino capital could acquire land in the Philippines.
- Appeal to the Supreme Court
- Ung Siu Si Temple appealed, arguing:
- Act No. 271 (Philippine Commission, 1903) authorized religious associations, even if unincorporated or foreign-organized, to hold land for religious purposes.
- The refusal infringed the constitutional freedom of religion (Art. III, Sec. 5).
- The Supreme Court granted certiorari and heard the appeal.
Issues:
- Whether an unincorporated religious association, wholly controlled by foreign nationals, may acquire and register land under Act No. 271 despite Article XIII, Sections 1 and 5 of the Constitution.
- Whether the refusal to register the deed violated the freedom of religion guaranteed by Article III of the Constitution.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)