The Roman Catholic Apostolic Administrator of Davao vs.

The Land Registration

Commission and The Register of Deeds of Davao City
No. L-8451, December 20, 1957
102 Phil 596

A court ruling determines that a corporation sole is eligible to acquire and

possess private agricultural lands in the Philippines, and the constitutional
requirement of 60 percent Filipino capital does not apply to corporations sole.

FACTS:
Petitioner, The Roman Catholic Apostolic Administrator of Davao is a corporation sole
organized and existing in accordance with Philippine laws and its then incumbent was a
Canadian citizen. It purchased a parcel land from Mateo Rodis. When the deed of sale
was presented for registration with the Register of Deeds of Davao, petitioner was
required to submit an affidavit stating that the 60 per cent of the members of the
corporation were Filipino citizens. The Register of Deeds elevated the matter to the
Land Registration Commission which issued a Resolution holding that in view of the
provisions of Sections 1 and 5 of Article XIII of the Philippine Constitution, the vendee-
petioner is not qualified to acquire lands in the Philippines in the absence of proof that at
least 60 per centum of the capital, properties or assets of The Roman Catholic Apostolic
Administrator of Davao is actually owned or controlled by Filipino citizens and it denied
the registration of the deed of sale in the absence of proof of compliance with such
requisite.

ISSUE:
Whether or not a corporation sole such as petitioner or the Universal Roman Catholic
Apostolic Church in the Philippines is qualified to acquire private agricultural lands in the
Philippines.

RULING:
Yes. The Court held that 60 per centum Filipino capital requirement is not intended to
corporation sole. A corporation sole does not have any nationality but for purposes of
applying nationalization laws, nationality is determined not by the nationality of its
presiding elder but by the nationality of its members, constituting the sect in the
Philippines. Thus, the Roman Catholic Church can acquire lands in the Philippines even
if it is headed by the Pope.

Both the Corporation Law and the Canon Law are explicit in their provisions that
corporation sole or “ordinary” is not the owner of the properties that he may acquire but
merely the administrator thereof and holds the same in trust for the church to which the
corporation is an organized and constituent part. Being mere administrator of the
temporalities or properties titled in his name, the constitutional provision requiring 60 per
centum Filipino ownership is not applicable. The said constitutional provision is limited
by its terms to ownership alone and does not extend to control unless the control over
the property affected has been devised to circumvent the real purpose of the
constitution.