ALEXANDER A. KRIVENKO vs.

THE REGISTER OF DEEDS, CITY OF MANILA

G.R. No. L-630 November 15, 1947
Moran, C.J.:

Doctrine: Under the Constitution aliens may not acquire private or public
agricultural lands, including residential lands.

Facts:
• Petitioner Krivenko, an alien, bought a residential lot from the Magdalena Estate,
Inc. in December 1941. In May 1945, he sought the registration of the said lot but
was denied by the register of deeds of Manila on the ground that being an alien,
he cannot acquire land in the Philippines. The CFI of Manila sustained such refusal.
• Krivenko appealed to the SC, but later on withdrew the same, after a DOJ circular
instructing all register of deeds to accept for registration all transfers of residential
lots to aliens. The SC denied the withdrawal of appeal, ruling on the importance of
deciding on the issue of constitutionality.

Issue: Whether an alien under our Constitution may acquire residential land.

Ruling: No.

"Agricultural public lands" as defined in the Act of Congress of July 1, 1902

means "those public lands acquired from Spain which are neither mineral nor timber
lands." And with respect to residential lands, it has been held that since they are
neither mineral nor timber lands, of necessity they must be classified as agricultural.

At the time the Constitution was adopted, lands of the public domain were
classified in our laws and jurisprudence into agricultural, mineral, and timber, and that
the term "public agricultural lands" was construed as referring to those lands that were
not timber or mineral, and as including residential lands.

The phrase "public agricultural lands" appearing in section 1 of Article XIII of

the Constitution must be construed as including residential lands.

Under section 1 of Article XIII of the Constitution, "natural resources, with the
exception of public agricultural land, shall not be alienated," and with respect to public
agricultural lands, their alienation is limited to Filipino citizens. To conserve agricultural
resources in the hands of Filipinos, Section 5 is included in Article XIII, which reads:

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.