Local Superior of the Servants of Charity

November 6, 1990 Local Superior of the Servants of Charity (Guanellians), Inc. 7426 Santillan St., Makati Attention : Fr . Luigi De Giambattista Gentlemen : This refers to your letter dated October 23, 1990 requesting opinion whether the Local Superior of the Servants of Charity (Guanellians), Inc., a duly registered religious corporation sole under the jurisdiction of the Roman Catholic Church in Rome, whose incumbent head is an Italian, can purchase real properties in the furtherance of its purpose(s) as provided for in its articles of incorporation. The head of the corporation sole is merely the administrator of the church properties that come to his possession, and which he holds in trust for the church. Considering that there is no express provision conferring ownership of the church properties on the Pope, although he appears to be the supreme administrator, nor on the head of the corporation sole, as they are admittedly mere administrator of said properties, the ownership thereof logically falls and devolves upon the church or congregation acquiring the same, Thus, in the case of the Roman Catholic Apostolic Administrator 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. Following the above ruling, your query is answered in the affirmative. However, considering that the registration of lands pertains to the jurisdiction of the Land Registration Commission, you are hereby advised to seek confirmation from that Office on the above findings. (SGD.) RODOLFO L. SAMARISTA Associate Commissioner