Register of Deeds v Ung Sui Si Temple WON Ung Siu Si Temple may lawfully acquire the subject property
acquire the subject property NO.
Ownership of Private Land | 21 May 1955 | Reyes, JBL
Nature of Case: APPEAL from a resolution of the Court of First Instance of
Manila
Digest Maker: Pia L
SUMMARY: RD of Rizal refused to register the deed of donation in favour
of Ung Sui Si Temple because the unregistered organization is operating
through its trustees who are all of Chinese nationality. SC agreed with the
RD that the donation cannot be registered as it contravenes the prohibition
in the Constitution.
DOCTRINE: Foreign nationals and corporations are not allowed to own
private lands in the Philippines. The Constitution makes no exception in
favour of religious associations.
FACTS:
● A deed of donation was executed in due form on 22 January 1953 by
Jesus Dy, a Filipino citizen, conveying a parcel of residential land in
Caloocan, Rizal in favour of an unregistered organization “Ung Siu Si
Temple”
o Ung Siu Si Temple is operating through three trustees all of
Chinese nationality
o This donation was accepted by Yu Juan, founder and
deaconess of the Temple, acting in representation and in
behalf of the trustees
● The Register of Deeds for the province of Rizal refused to accept for
record this deed of donation
o The refusal of the Registrar was elevated en Consulta to the
IVth Branch of the Court of First Instance of Manila
● 14 March 1953: Court upheld the action of the Rizal Register of
Deeds, holding that:
o It appearing from the record of the Consulta that UNG Siu SI
TEMPLE is a religious organization whose deaconess,
founder, trustees and administrator are all Chinese citizens,
this Court is of the opinion and so hold that in view of the
provisions of the sections 1 and 5 of Article XIII of the
Constitution of the Philippines limiting the acquisition of land
in the Philippines to its citizens, or to corporations or
associations at least sixty per centum of the capital stock of
which is owned by such citizens adopted after the enactment
of said Act No. 271, and the decision of the Supreme Court
in the case of Krivenko vs. the Register of Deeds of Manila,
the deed of donation in question should not be admitted for
registration
ISSUE/S & RATIO:
 Petitioner: The acquisition of the land, for religious purposes, is allowed
under Act. No. 271 of the old Philippine Commission1
o Petitioner also contends that not allowing registration violates the
freedom of religion under the Constitution
 SUPREME COURT: In view of the absolute terms of Section 5 Article XIII
of the 1935 Constitution,2 Act No. 271 must be deemed repealed as the
latter is incompatible with the former
o There is no exception granted by the Constitution to religious
associations, unlike in Act No. 271
o Sections 1 and 2 restricting the acquisition of public agricultural
lands and other natural resources to corporations at least sixty
per centum of the capital of which is owned by citizens of the
Philippines cannot be relied upon by the petitioner
o The fact that Ung Sui Su Temple has no capital stock does not
exempt it from the constitutional prohibition, especially
considering its trustees are foreign nationals
o The sixty per centum requirement is to ensure that the
corporations allowed to acquire lands or natural resources are
controlled by Filipinos
o To permit religious associations controlled by non-Filipinos to
acquire agricultural lands would be to drive the opening wedge to
revive alien religious land holdings in this country
 As regards the complaint that disqualification under article XIII is violative
of the freedom of religion guaranteed by Article III of the Constitution,
there is no showing that land tenure is indispensable in the free exercise
of religion
Ruling/Dispositive Portion:
The resolution appealed from is affirmed, with costs against appellant.
1 SECTION 1. It shall be lawful for all religious associations, of whatever sort or
denomination, whether incorporated in the Philippine Islands or in the name of other
country, or not incorporated at all, to hold land in the Philippine Islands upon which to
build churches, parsonages, or educational or charitable institutions.
"SEC. 2. Such religious institutions, if not incorporated, shall hold the land in the
name of three Trustees for the use of such associations
2 Save in cases of hereditary succession, no private agricultural land shall be
transferred or assigned except to individuals, corporations or associations qualified to
acquire or hold lands of the public domain in the Philippines