LAND TITLES & DEEDS | KRIVENKO V. REGISTER OF DEEDS

KRIVENKO V. REGISTER OF DEEDS


TOPIC/ DOCTRINE


Residential lands of the public domain should be considered as agricultural lands to be protected as part of the national patrimony, there can be no reason why residential lands of private ownership should not deserve the same consideration and protection.


FACTS

Alexander A. Krivenko, alien, bought a residential lot from the Magdalena Estate, Inc., in December of 1941, the registration of which was interrupted by the war. In May, 1945, he sought to accomplish said registration but was denied by, the register of deeds of Manila on the ground that, being an alien, he cannot acquire land in this jurisdiction. Krivenko then brought the case to the fourth branch of the Court of First Instance of Manila by means of a consulta, and that court rendered judgment sustaining the refusal of the register of deeds, from which Krivenko appealed to this Court.


ISSUE

Whether an alien under our Constitution may acquire private residential land.


RULING

No.


The Court held that Residential lands of the public domain should be considered as agricultural lands to be protected as part of the national patrimony, there can be no reason why residential lands of private ownership should not deserve the same consideration and protection. The only difference between "agricultural land" under section 1 and "agricultural land" under section 5, is that the former is public and the latter, private. But such difference refers to ownership and not to the class of land. The lands are the same in both sections, and, for the conservation of the national patrimony, what is important is the nature or class of the property regardless of whether it is owned by the State or by its citizens. 


Here the court held that since Krivenko, an alien, acquired the private residential lot by purchase and not by hereditary succession, he is therefore enjoined from registering it in the Register of Deeds. https://www.instagram.com/lawyalstudent/

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