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Roman Catholic Apostolic Administrator of Davao vs. Land Registration Commission, Register of Deeds of Davao City [CONCURRING OPINION, LABRADOR, J.]

THE ROMAN CATHOLIC APOSTOLIC ADMINISTRATOR OF DAVAO, INC., petitioner, vs. THE LAND REGISTRATION COMMISSION and THE REGISTER OF DEEDS OF DAVAO CITY, respondents.

G.R. No. L-8451 | 1957-12-20

LABRADOR, J., concurring:

The case at bar squarely present this important legal question: Has the bishop or ordinary of the Roman Catholic Church who is not a Filipino citizen, as corporation sole, the right to register land, belonging to the Church over which he presides, in view of the Krivenko decision? Mr. Justice Felix sustains the affirmative view while Mr. Justice J. B. L. Reyes, the negative. As the undersigned understands it, the reason given for this last view is that the constitutional provision prohibiting land ownership by foreigners also extends to control because this lies within the scope and purpose of the prohibition.

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