Title
Roman Catholic Apostolic Administrator of Davao, Inc. vs. Land Registration Commission
Case
G.R. No. L-8451
Decision Date
Dec 20, 1957
A corporation sole with an alien incumbent was denied land registration due to constitutional restrictions requiring 60% Filipino ownership and control.

Case Digest (G.R. No. L-8451)
Expanded Legal Reasoning Model

Facts:

  • Sale and Registration Attempt
    • On October 4, 1954, Mateo L. Rodis, a Filipino citizen, executed a deed of sale over a parcel covered by Transfer Certificate of Title No. 2263 in Davao City in favor of the Roman Catholic Apostolic Administrator of Davao, Inc., a corporation sole whose incumbent (Msgr. Clovis Thibault) was a Canadian citizen.
    • The Register of Deeds of Davao, invoking a prior Carmelite Nuns precedent, required the petitioner to submit an affidavit that at least 60% of its capital, property, or assets were owned by Filipino citizens before registering the deed.
  • Referral and Administrative Resolution
    • Petitioner objected that its case differed from the Carmelite Nuns (it had only one incorporator and held property in trust for all local Catholics), and declined to submit the demanded affidavit in the same form.
    • The Register of Deeds referred the issue to the Land Registration Commissioner en consulta under Section 4 of Republic Act No. 1151.
    • After hearing, on September 21, 1954, the Commissioner ruled that under Articles XIII, Sections 1 and 5 of the 1935 Constitution the petitioner was not qualified to acquire private lands absent proof of 60% Filipino ownership or control, and ordered registration denied.

Issues:

  • Constitutional Qualification
    • Whether a religious corporation sole, whose sole member (the incumbent Ordinary) is an alien, qualifies to acquire and register private agricultural lands under Article XIII, Sections 1 and 5 of the 1935 Constitution.
  • Effect of Nationality Requirement
    • Whether the constitutional requirement that 60% of a corporation’s capital be Filipino-owned applies to a corporation sole administering church temporalities rather than owning them beneficially.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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