Mr. Ambrosio Yulo

July 1, 1992 Mr. Ambrosio Yulo 830 Constancia Sampaloc, Manila S i r : This refers to your letter of June 26, 1992 requesting for a certification as to the citizenship/nationality of SUPERIORA GENERALE MADRE MARIA SPRICIGO DELL ISTITUTO DELLE SUORE FIGLIE DI SAN GIUSEPPE DEL CABURLOTTO, INC. for purposes of acquiring a parcel of land for school site purposes. In the case of Register of Deeds of Rizal vs. Ung Siu Si Temple, G.R. No. L-6776, May 21, 1955, 97 Phil. 58, it was held that the provisions of Act No. 271 of the Philippine Commission which allow all religious associations, of whatever sect or denomination, whether incorporated in the Philippines or other countries, to hold land in the Philippines for religious purposes, are deemed repealed by the absolute terms of Article XIII, Section 5, of the Constitution (old) which limits the acquisition of land in the Philippines to citizens or to corporations or associations at least 60% of the capital which is owned by such citizens. (SEC Opinion dtd. Dec. 6, 1983 addressed to Atty. Ricardo J. Hilado, citing Pea, Land, Titles and Deeds, p. 122) However, in the case of the Roman Catholic Apostolic Administration of Davao, Inc. v. Land Registration Commission and Register of Deeds of Davao City, G.R. No. L-8451, Dec. 20, 1957, it was held that a "corporation sole", despite the fact that its head then was a Canadian citizen, can purchase private lands in the Philippines taking into consideration that the "corporation sole" is merely the administrator of the church properties that come to his possession, and which he held in trust for the church he represents and the ownership thereof logically falls and devolves upon the church or congregation acquiring the same. In the case of the above-mentioned Corporation, records on file with the Commission do not show that the members of the religious denomination represented by said Corporation Sole constitute at least 60% Filipinos. There is no mention about the membership of the religious denomination which the Corporation Sole represents, particularly on their citizenship. Likewise, the latest approved amended articles of incorporation of the Corporation show that acquisition of property by the Corporation Sole shall have the consent of the Superior General in Rome, Italy. Records further show that the appointment of the office of the Superior or Corporation Sole shall be filled by the Superior General in Rome, Italy. In short, all powers of the Corporation Sole come from a foreigner, the Superior General in Rome, Italy, not from the members of the religious denomination represented by him. In view thereof, we cannot certify the citizenship of the above-mentioned Corporation on the basis of its present records on file with the Commission. It has to show proof that the members of the religious denomination which the Corporation Sole represents constitute at least 60% Filipinos. LibLex Please be advised accordingly. cdll Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman