LAND TITLES & DEEDS | DE CASTRO V. TAN

DE CASTRO V. TAN

 

FACTS

In 1938, petitioner Filomena Gerona de Castro sold a 1,258 sq. m. residential lot in Bulan, Sorsogon to Tan Tai, a Chinese. In 1956, Tan Tai died leaving herein respondents — his widow, To O. Hiap, and children Joaquin Teng Queen Tan, Tan Teng Bio, Dolores Tan and Rosario Tan Hua Ing

 

Before the death of Tan Tai or on August 11, 1956, one of his sons, Joaquin, became a naturalized Filipino. Six years after Tan Tai's death, or on November 18, 1962, his heirs executed an extra-judicial settlement of estate with sale, whereby the disputed lot in its entirety was alloted to Joaquin.

 

On July 15, 1968, petitioner commenced suit against the heirs of Tan Tai for annulment of the sale for alleged violation of the 1935 Constitution prohibiting the sale of land to aliens.

 

ISSUE

Whether the the sale for is void for alleged violation of the 1935 Constitution prohibiting the sale of land to aliens.

 

RULING

No.

 

Here the court held that independently of the doctrine of pari delicto, the petitioner cannot have the sale annulled and recover the lot she herself has sold. While the vendee was an alien at the time of the sale, the land has since become the property, of respondent Joaquin Teng, a naturalized Philippine citizen, who is constitutionally qualified to own land.têñ.£îhqwâ£https://www.instagram.com/lawyalstudent/

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