Smith, Bell & Co., Ltd., petitioner vs. Register of Deeds of Davao, respondent, no. L-&084, October 27, 1954 [Supreme Court decisions]
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Part of The Lawyers Journal
- Title
- Smith, Bell & Co., Ltd., petitioner vs. Register of Deeds of Davao, respondent, no. L-&084, October 27, 1954 [Supreme Court decisions]
- Language
- English
- Spanish
- Source
- XIX (10) October 31, 1954
- Year
- 1954
- Subject
- Foreign ownership of real property
- Land leasing and renting
- Real property
- Certiorari
- Appellate procedure (Civil procedure)
- Appellate court
- Philippines. Supreme Court
- Land Registration Authority – Davao City
- Smith, Bell & Company
- Abstract
- The petitioner, an alien corporation, seeks to register a lease in its favor of a lot in Davao. Based on the ruling of the new Civil Code, foreigners are disqualified from acquiring private agricultural land which includes private residential land, it also provides that in cases of hereditary succession, no private agricultural land shall be transferred to individuals, corporations, or associations qualified to acquire or hold lands of the public domain of the Philippines. As the petitioner is disqualified from acquiring private agricultural land not only by law but by the Constitution.