5/3/2021
E-Library - Information At Your Fingertips: Printer Friendly
herein. Petitioners are Filipino citizens, a fact the Solicitor General does not dispute.
The constitutional proscription on alien ownership of lands of the public or private
domain was intended to protect lands from falling in the hands of non-Filipinos. In this
case, however, there would be no more public policy violated since the land is in the
hands of Filipinos qualified to acquire and own such land. "If land is invalidly transferred
to an alien who subsequently becomes a citizen or transfers it to a citizen, the flaw in
the original transaction is considered cured and the title of the transferee is rendered
valid."[33] Thus, the subsequent transfer of the property to qualified Filipinos may no
longer be impugned on the basis of the invalidity of the initial transfer.[34] The objective
of the constitutional provision to keep our lands in Filipino hands has been achieved.
Incidentally, it must be mentioned that reconstitution of the original certificate of title
must be based on an owner's duplicate, secondary evidence thereof, or other valid
sources of the title to be reconstituted.[35] In this case, reconstitution was based on the
plan and technical description approved by the Land Registration Authority.[36] This
renders the order of reconstitution void for lack of factual support.[37] A judgment with
absolutely nothing to support it is void.[38]
As earlier mentioned, a reconstitution of title is the re-issuance of a new certificate of
title lost or destroyed in its original form and condition.[39] It does not pass upon the
ownership of the land covered by the lost or destroyed title.[40] Any change in the
ownership of the property must be the subject of a separate suit.[41] Thus, although
petitioners are in possession of the land, a separate proceeding is necessary to thresh
out the issue of ownership of the land.
WHEREFORE, the Court REVERSES and SETS ASIDE the decision of the Court of
Appeals in CA-G. R. SP No. 36274. In lieu thereof, the Court sets aside the order of
reconstitution of title in Reconstitution Case No. R-1928, Regional Trial Court, Roxas
City, and dismisses the petition, without prejudice.
No costs.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Puno, and Ynares-Santiago, JJ., concur.
Kapunan, J., on official leave.
* Neither the judge nor the Court of Appeals is a proper party as petitioner or
respondent (Rule 45, Sec. 4, Revised Rules of Court).
[1] In CA-G. R. SP No. 36274, promulgated on April 30, 1996. Salas, J., ponente,
Cañizares-Nye and Carpio-Morales, JJ., concurring.
[2] Dated June 10, 1994.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52904
5/8