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KRIVENKO VS REGISTER OF DEEDS

FACTS

Alenxander A. Kriventor 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: WON AN ALIEN MAY ACQUIRE PROPERTY

RULING:

Article XIII, section 1, of the Constitutional is as follows:

Article XIII. — Conservation and utilization of natural resources.

SECTION 1. All agricultural, timber, and mineral lands of the public domain, water,
minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and
other natural resources of the Philippines belong to the State, and their disposition,
exploitation, development, or utilization shall be limited to citizens of the Philippines,
or to corporations or associations at least sixty per centum of the capital of which
is owned by such citizens, subject to any existing right, grant, lease, or concession at
the time of the inaguration of the Government established under this Constitution.
Natural resources, with the exception of public agricultural land, shall
not be alienated, and no licence, concession, or lease for the exploitation,
development, or utilization of any of the natural resources shall be granted for a
period exceeding twenty-five years, renewable for another twenty-five years,
except as to water rights for irrigation, water supply, fisheries, or industrial
uses other than the development of water "power" in which cases beneficial use
may be the measure and the limit of the grant.

Xxx

Sec. 5. Save in cases of hereditary succession, no private agricultural land will be transferred or
assigned except to individuals, corporations, or associations qualified to acquire or hold lands of
the public domain in the Philippines.

For all the foregoing, we hold that under the Constitution aliens may not acquire private or public
agricultural lands, including residential lands, and, accordingly, judgment is affirmed.

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