Land Donation to Foreign Religious Group
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Xing Keet LuLand Donation to Foreign Religious Group
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Xing Keet LuGr no.
L-6776 May 21
1955Register of deeds of rizal vs Ung Siu Si Temple
Facts: - Jesus Dy, a Filipino citizen donated a parcel of land in favour of Ung Sui Si Temple, a
religious organization whose trustees are all of Chinese nationality.- The donation was accepted by
the trustees however, the register of deeds refused to record the said deed of donation.- The
trial court ruled that in view of the provisions of sections 1 and 5 of Article XIII of the
Constitution limiting the acquisition of land in the Philippines to its citizens, or to corporations or
associations at least 60% of the capital stock of which is owned by such citizens adopted after
Act. No. 271, the deed of donation should not be admitted for registration.- On appeal, Ung Sui Si
Temple claimed that the acquisition of the land, for religious purposes, is authorized and
permitted by Act 271 and that the refusal violates the freedom of religious clause of the
Constitution.
Issue:Whether or not a deed of donation of a parcel of land executed in favour of a religious
organization whose founder, trustees and administrator are chinese citizens be registered or not.
Ruling:No. The provisions of Act 271 are deemed repealed by the absolute terms of section 5,
Title XIII of the Constitution. The Constitution makes no exception in favour of religious
associations. The purpose of thesixty per centum requirement is obviously to ensure that
corporations or associations allowed to acquire agricultural land or to exploit natural resources
shall be controlled by Filipinos; and the spirit of the Constitution demands that in the absence of
capital stock, the controlling membership should be composed of Filipino citizens.
