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Krivenko vs. Register of Deeds, 79 Phil 461 [SEPARATE OPINION, PADILLA, 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

PADILLA, J., dissenting:

The question submitted for decision is whether a parcel of land of private ownership suitable or intended for residence may be alienated or sold to an alien.

Section 5, Article XIII, of the Constitution provides:

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 majority holds that a parcel of land of privateownership suitable or intended or used for residence is included in the term "private agricultural land"...