Atty. Ricardo J. Hilado

December 6, 1983 Atty. Ricardo J. Hilado P. O. Box 199 Bacolod City Sir : This has reference to your letter dated September 23, 1983 requesting opinion of this Commission on the query posed therein. It appears that your client is a religious non-stock corporation duly registered with this Commission on May 29, 1980 under the name Presentation of the Virgin Mary, Inc.;that at the time of its incorporation, the incorporators consisted of 3 Filipinos and 2 Irish citizens; and that its board of directors of 11 members consisted of 6 Filipinos and 5 Irish. In your letter, you claim that the association's present membership is composed of 7 Filipinos and 7 Irish citizens. Your question is, considering its present membership, can said religious association acquire real property in the Philippines? The provisions of law applicable to your query are found in Article XIV of the Constitution, Section 14 of the said article enumerates those who are qualified to acquire real property in the Philippines, to wit: "SECTION 14. Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold land of the public domain ." (emphasis supplied) As to what corporations or associations are qualified to acquire or hold lands of the public domain, Section 9 of the same article provides, and we quote: "SECTION 9. The disposition ,exploration, development, exploitation, or utilization of any of the natural resources of the Philippines shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens ....." (emphasis supplied) LibLex 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incorporated in the Philippines or other country, to hold land in the Philippines for religious purposes, are deemed repealed by the absolute terms of Article XIII, Section 5, of the constitution (old) which limits the acquisition of land in the Philippines to its citizens or to corporations or associations at least 60% of the capital of which is owned by such citizens. (Pea, Land, Titles and Deeds, p. 122). In view of the above, the answer to your query is, therefore, in the negative. Please be guided accordingly. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman