CHAVES V. PUBLIC ESTATES AUTHORITY, G.R. NO. 133250, JULY 9, 2002   TOPIC/DOCTRINE Lands reclaimed from foreshore and submerged areas also form part of the public domain and are also inalienable, unless converted pursuant to law into alienable or disposable lands of the public domain. To insure such equitable distribution, the 1973 and 1987 Constitutions have barred private corporations from acquiring any kind of alienable land of the public domain.   FACTS On November 20, 1973, the government, through the Commissioner of Public Highways, signed a contract with the Construction and Development Corporation of the Philippines ("CDCP" for brevity) to reclaim certain foreshore and offshore areas of Manila Bay. The contract also included the construction of Phases I and II of the Manila-Cavite Coastal Road. CDCP obligated itself to carry out all the works in consideration of fifty percent of the total reclaimed land. On February 4, 1977, then President Ferdinand ...

PHILIPPINE BANKING CORPORATION V. LUI SHE   FACTS Justina Santos executed on a contract of lease of real properties in favor of Wong.The lease was for 50 years, although the lessee was given the right to withdraw at any time from the agreement.   Subsequently, she executed another contract giving Wong the option to buy the leased premises for P120,000, payable within ten years at a monthly installment of P1,000. The optionimposed on him the obligation to pay for the food of the dogs and the salaries of the maids in her household, the charge not to exceed P1,800 a month. The option was conditioned on his obtaining Philippine citizenship, a petition for which was then pending in the CFI of Rizal.   It appears, however, that this application for naturalization was withdrawn when it was discovered that he was not a resident of Rizal. On October 28, 1958 she filed a petition to adopt him and his children on the erroneous belief that adoption would confer on them ...

CABAUATAN V. UY HOO   TOPIC/DOCTRINE "when both parties are guilty, neither of them can recover what he may have given by virtue of the contract, or enforce the performance of the undertaking of the other party".   FACTS On March 18, 1943, plaintiffs sold to Uy Hoo and Siy Hong, all Chinese citizens two parcels of residential land in the consideration of the sum of P13,000 in Japanese was notes.   On November 15, 1947, the case of Krivenko vs. Register of Deeds, G. R. No. L-630 was decided by this Court holding that a conveyance of a residential land to aliens infringes Section 5, Article XIII of the Constitution. As a result, on December 15, 1947, plaintiffs demanded from the defendants to restore to them the lands above-referred to on the ground that the sale they made thereof to the defendants was null and void, but the latter refused to do so. Hence the plaintffs brought this action on January 14, 1948, seeking the anullment of the sale above-mentioned...

RELLOSA V. GAW CHEE HUN   FACTS On February 2, 1944, Dionisio Rellosa sold to Gaw Chee Hun a parcel of land, together with the house erected thereon, situated in the City of Manila, Philippines, for the sum of P25,000. The vendor remained in possession of the property under a contract of lease entered into on the same date between the same parties. Alleging that the sale was executed subject to the condition that the vendee, being a Chinese citizen, would obtain the approval of the Japanese Military Administration in accordance with (seirei) No. 6 issued on April 2, 1943, by the Japanese authorities, and said approval has not been obtained, and that, even if said requirement were met, the sale would at all events be void under article XIII, section 5, of our Constitution, the vendor instituted the present action in the Court of First Instance of Manila seeking the annulment of the sale as well as the lease covering the land and the house above mentioned, and praying that, onc...

REPUBLIC V. GONZALES   FACTS The case principally concerns Chua Kim @ Uy Teng Be, who became a naturalized Filipino citizen, taking his oath as such, on January 7, 1977.1 He was the adopted son of Gregorio Reyes Uy Un.   The case involved three (3) parcels of land, which were among those included in Land Registration Cases Numbered 405 and 14817 of the Court of First Instance of Quezon Province.   Lots 1 and 2 were sold by the owners, the Mañosca Spouses, to Gregorio Reyes. Lot 3 was also sold by the Marquez Spouses to Gregorio Reyes Uy Un.   Subsequently, Gregorio Reyes Uy Un died, and his adopted son, Chua Kim @ Uy Teng, took possession of the property.   ISSUE Whether the the sale for is void for alleged violation of the Constitution prohibiting the sale of land to aliens.   RULING No.   The court held that if the ban on aliens from acquiring not only agricultural but also urban lands, as construed by this Court in ...

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.   ...

DIRECTOR OF LANDS V. IAC   TOPIC/DOCTRINE 'A state may not impair vested rights by legislative enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the constitution of the State, except in a legitimate exercise of the police power'   FACTS The Director of Lands has brought this appeal by certiorari from a judgment of the Intermediate Appellate Court affirming a decision of the Court of First Instance of Isabela, which ordered registration in favor of Acme Plywood & Veneer Co., Inc. of five parcels of land measuring 481, 390 square meters, more or less, acquired by it from Mariano and Acer Infiel, members of the Dumagat tribe. The Director of Lands asserts that, the registration proceedings have been commenced only on July 17, 1981, or long after the 1973 Constitution had gone into effect, the latter is the correctly applicable law; and since section 11 of its Article XIV prohibits private corporations or associat...

REPUBLIC V. LAPINA   FACTS The Republic would have us rule on the negative and asks this Court to nullify the decision of the appellate court which affirmed the judgment of the court a quo in granting the application of respondent spouses for registration over the lots in question. On June 17, 1978, respondent spouses bought Lots 347 and 348, Cad. s38-D, as their residence with a total area of 91.77 sq. m. situated in San Pablo City, from one Cristeta Dazo Belen (Rollo, p. 41). At the time of the purchase, respondent spouses where then natural-born Filipino citizens. On February 5, 1987, the spouses filed an application for registration of title of the two (2) parcels of land before the Regional Trial Court of San Pablo City, Branch XXXI. This time, however, they were no longer Filipino citizens and have opted to embrace Canadian citizenship through naturalization. The appellate court found that "applicants (respondents) and their predecessors-in-interest had been in p...

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. RULIN...