Facts: Company have been leasing a property for 20yrs from lessor Mr. A.

Only proof of
ownership of the property is a tax declaration. Mr. A inherited the said property from his
parents. Company bought the property from Mr. A and wants to have it titled. They want
to apply for a Certificate of Registration under the company's name. They already paid
the taxes due for the sale of the property.

Questions:
1. Will the assessor's office accept the registration considering they are a
corporation? If assessor won't allow it, will the President sell it to his son to
circumvent the constitution? But he already spent much money on the taxes.

=

It depends on whether the land in issue is a private land or land of the public
domain. Because under Section 3, Article XII of the 1987 Constitution, Private
corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and not to exceed one thousand hectares in
area. Hence, if the land in the case at bar is one of the public domain,
registration of such under a private corporations name is prohibited and
unconstitutional. Therefore, the land sought to be registered should be a private
land in order for its registration under the corporations name be valid.

However, the classification of the land as a private one is insufficient to confer
ownership to a private corporation; It needs to be coupled with the correct
percentage of ownership of the said corporation, that is, the corporation has to
have at least sixty per centum of its capital owned by Filipino citizens.

Supposing arguendo that the land is one of the public domain hence, the failure
of the Company to have the land registered under its name. The Company would
not have the capacity to sell it to a private individual to circumvent the
constitution, because it does not have ownership of such land in the first place so
how could it have any capacity to sell it. As stated under Article 5 of the New Civil
Code, Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself authorizes their validity, this provision is
what rendered the act of selling the land to the company void for being directly
violative of the provions of Section 3, Article XII of the present constitution.

2. Can the company apply for a land registration? The sale was consummated last
week. The property has no title.

= If the companys ownership of capital is at least 60% Filipino and the land is a
private land, then it can indeed apply for the land registration.
This rule does not apply where at the time the corporation acquired the land, the
same was already private land as when it was possessed by its predecessor in
the manner and for such length of time as to entitle the latter to registration.
(Republic v. Intermediate Appellate Court and ACME, 146 SCRA 509. )
If the predecessors-in-interest of the corporation have been in possession of the
land in question since June 12, 1945, or earlier, then it may rightfully apply for
confirmation of title to the land. (85Republic v. Iglesia ni Cristo, GR No. 180067,
June 30, 2009, 591 SCRA 438.


3. Can the Registry of Deeds validly refuse the registration of this sale? Does RD
have discretion or not?

No. The Registration of Deeds authority to register the sale of such land is
ministerial hence, it cannot use its discretion in performing its duty.

***notes: knowledge on constitutional provisions on land registration Look for cases
involving corporations involving land titles and deed. Objective: convey your thoughts on
legal opinion. Write legibly Conscious on grammar Logical presentation