Title
Lee vs. Republic
Case
G.R. No. 128195
Decision Date
Oct 3, 2001
A 1936 land sale to an alien was void under the 1935 Constitution. Despite initial invalidity, the Supreme Court ruled the defect was cured when inherited by Filipino citizens, upholding ownership and barring reversion to the State.

Case Summary (G.R. No. 128195)

Petitioners’ Acquisition and Reconstitution Proceedings

In 1993, Elizabeth Manuel-Lee and Pacita Yu Lee—widows of Lee Liong’s sons—filed for reconstitution of the lost title to Lot 398, alleging wartime destruction of records. They traced title through extra-judicial settlements by Lee Liong’s heirs and their own succession and donation. The RTC, after reviewing the approved plan and technical description, ordered reissuance of the certificate in Lee Liong’s name on June 10, 1994.

Challenge by the Solicitor General and Court of Appeals Ruling

The Solicitor General procured annulment of the RTC order in the Court of Appeals, arguing lack of jurisdiction because petitioners lacked title derivation from a legally qualified owner. On April 30, 1996, the CA declared the reconstitution void. A motion for reconsideration by petitioners was denied on February 18, 1997, prompting the present certiorari petition.

Supreme Court’s Jurisdictional and Standing Analysis

The Supreme Court held that a reconstitution petition must be filed by the person lawfully entitled to the original title. Because Lee Liong, the original grantee, was constitutionally disqualified from owning land, petitioners derived no valid right. The Court recognized that only the Solicitor General may challenge such unconstitutional transfer, and that prescription does not bar State action.

Alien Ownership Prohibition and Doctrine of Pari Delicto

Under Article XII, Section 7 of the 1987 Constitution (and the corresponding 1935 provision for the original sale), aliens may not acquire private agricultural or residential land. Both vendor and alien vendee were equally culpable; courts will not aid either under pari delicto. Consequently, title cannot revert to the alien grantee nor to the original sellers. The State, through the Solicitor General, may pursue escheat or reversion.

Curing of Original Defect through Subsequent Filipino Ownership

The Court noted that the constitutional aim of keeping land in Filipino hands is fulfilled if an initially invalid transfer eventually places title with Filipinos. Lee Liong’s heirs, all Filipino citizens, have possessed the property for decades, paying taxes continuously. Such subsequent qualified ownership cures the original flaw.

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