Norberto Ang vs Estate of Sy So

GR 182252, August 3, 2016

Sereno, CJ.:

Facts:

In 1930, Sy so is a Chinese citizen who was married to a native, Jose Ang; Sy so managed a sari-
sari store, while Jose managed a foundry shop; The couple were childless for a long time, until 1941, a
woman approached Sy so and offered a seven to eight-month old infant for adoption, Sy so immediately
accepted the offer, though no formal adoption papers were processed, the child was named as Jose
Noberto Ang.

In 1943 Sy so’s husband Jose Ang passed away, after his death, Sy so maintained her services in
trading and business, and after a while Sy so acquired property located in the 10 th avenue, Grace Park in
Caloocan City; and after she acquired another property that was located near the property she had just
acquired in the 11th avenue, Grace Park, also in Caloocan City.

Between the eras of 1940 and 1950, an apartment building was constructed on the 10 th Avenue
lot at Sy so’s Expense, Sy so along with her wards live there for 30 years, she kept the titles to the two
properties and never showed them to anyone and kept them to herself for safe keeping, although she
gave a copy to her first ward Jose Noberto Ang , and unknown to her, Jose Noberto filed a petition for
Issuance of Second Owner’s Duplicate Certificate.

On April 5, 1974, Jose Noberto’s lawyer wrote a letter demanding a monthly payment of P500
from Sy so, Jose Noberto alleges that he contributed in the construction of the apartment on the 10 th
Avenue lot; Counsel again wrote another letter to Sy so on March 14, 1989, demanding that she vacate
the 10th Avenue lot within three months, and that she would be charged P5,000 as rent; and on July 25,
1989, Jose Noberto filed an ejectment suit against Sy so for nonpayment of rentals, the ejectment case
was dismissed by MTC on October 30, 1989.

On November 14, 1996, another ejectment suit was filed against Sy so by Jose Noberto, which
was again dismissed by the MTC on October 30, 1997; nad was affirmed by this Court on June 4, 2001

On June 9, 1993, Sy so filed with the RTC a Transfer of Trusteeship from Jose Noberto Ang to
Tony Ang, due to Jose Noberto Ang’s gross ingratitude, disrespectfulness, etc.; Sy so argued that she
bought the two parcels of land and constructed the apartment at her own expense; Jose Noberto
argued on the other hand that it was he bought the two parcels of land and that Sy so has contributed
nothing to the apartments construction and the two lots that were purchased.

The RTC dismissed Sy so’s complaint for failure of the parties to prove their claims; Sy so
appealed to the Court of Appeals, and the CA partially granted her appeal, and found that Jose Noberto
had not been legally adopted by Sy so, thus, having no legal relationship with another.

Hence this petition.

Issues:

1. (Constitutional) Whether or not Sy so owns the lots that she purchased?

Ruling:

1. No. Sy so is a Chinese citizen, thus, she is prohibited from owning any real property within the
Philippines, and since she acquired these properties in the year 1944, The 1935 Constitution that was in
effect still has a prohibition on aliens owning property as provided in Article 13 Section 1 of the 1935
Constitution.

Disposition:

In the court’s decision dated August 3, 2016, the petition for certiorari is granted; the decision
and the resolution of the Court of Appeals dated March 27, 2008 is reversed.