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Krivenko vs. Register of Deeds, 79 Phil 461 [SEPARATE OPINION, PARAS, J.]

ALEXANDER A. KRIVENKO, petitioner-appellant, vs. THE REGISTER OF DEEDS, CITY OF MANILA, respondent-appellee.

G.R. No. L-630 | 1947-11-15

Separate Opinion

PARAS, J., dissenting:

Section 5 of Article XIII 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 acquire or hold lands of the public domain in the Philippines." The important question that arises is whether private residential land is included in the terms "private agricultural land."

There is no doubt that under section 1 of Article XIII of the Constitution, quoted in the majority opinion, lands of the public domain are classified into agricultural, timber,or...