REGISTER OF DEEDS vs UNG SIU SI TEMPLE GR. No.

L-6776 May 21,1955 FACTS: A Filipino citizen executed a deed of donation in favor of the Ung Siu Si Temple, an unregistered religious organization that operated through three trustees all of Chinese nationality. The Register of Deeds refused to record the deed of donation executed in due form arguing that the Consitution provides that acquisition of land is limited to Filipino citizens, or to corporations or associations at least 60% of which is owned by such citizens. ISSUE: Whether a deed of donation of a parcel of land executed in favor of a religious organization whose founder, trustees and administrator are Chinese citizens should be registered or not. RULING: Sec. 5, Art. 13 of the Constitution provides that save in cases of hereditary succession, no private agricultural land shall be transferred or assigned except to individuals, corporations, or associations qualified to hold lands of the public domain in the Philippines. The Constitution does not make any exception in favor of religious associations. The fact that appellant has no capital stock does not exempt it from the Constitutional inhibition, since its member are of foreign nationality. The purpose of the 60% requirement is to ensure that corporations or associations allowed to acquire agricultural lands or to exploit natural resources shall be controlled by Filipinos; and the spirit of the Constitution demands that in the absence of capital stock, controlling membership should be composed of Filipino citizens. As to the complaint that the disqualification under Art. 13 of the Constitution violated the freedom of religion, the Court was not convinced that land tenure is indispensable to the free exercise and enjoyment of religious profession or worship.