Moss v. Director of Lands
REITERATIONFacts
The Antecedents: Eugene Moss, an American citizen, sought to register a ten-hectare island in Carigara Bay, Leyte. The island, known as Calumpihan Island, was planted with coconuts and other fruit trees. It was declared for tax purposes in 1930 by Vicente Pragas, who had possessed and cultivated it since 1894. Pragas sold the island to Eduardo Cecilio in 1932, who then sold it to Catalina Pabilion in 1937. Pabilion and her husband sold it to Rufino M. Pascual in 1944, who in turn sold it to Eugene Moss and Albert Boyd Cassidy, both American nationals, in 1945. Moss was later adjudged the sole owner in an action to quiet title against Cassidy. Procedural History: The trial court denied Moss's application for registration, citing his alien citizenship and disqualification under Section 5, Article XIII of the 1935 Constitution, as interpreted in Krivenko vs. Register of Deeds. The Petition: Eugene Moss appealed the denial of his application for land registration.
Issue(s)
Whether an American citizen is disqualified from acquiring land in the Philippines under the 1935 Constitution. Whether Eugene Moss, as a citizen of the United States, validly acquired ownership of Calumpihan Island.
Ruling
The Supreme Court reversed the decision of the trial court, granting Eugene Moss's application for the confirmation and registration of his title to Calumpihan Island. The Court held that American citizens were not disqualified from acquiring land under the 1935 Constitution due to the Ordinance appended thereto, and their property rights were protected even after Philippine independence.
Ratio Decidendi
On whether an American citizen is disqualified from acquiring land in the Philippines under the 1935 Constitution: The trial court erred in denying the application based on the alien disqualification clause of the 1935 Constitution. While aliens are generally disqualified from acquiring lands, the Ordinance appended to the 1935 Constitution, approved by the President of the United States, explicitly provided that "Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippines all the civil rights of the citizens and corporations, respectively, thereof." This Ordinance was made part of the Constitution. Therefore, citizens of the United States could acquire lands in the Philippines in the same manner as Filipino citizens, subject to the provisions of the Ordinance and relevant laws. The Court cited Krivenko vs. Register of Deeds but clarified its application in light of the appended Ordinance. On whether Eugene Moss, as a citizen of the United States, validly acquired ownership of Calumpihan Island: Eugene Moss validly acquired the island in question under the provisions of subsection (17) of Section 1 of the Ordinance appended to the 1935 Constitution. Furthermore, the proclamation of Philippine independence on July 4, 1946, did not impair Moss's proprietary rights. The 1935 Constitution itself provided that upon independence, "all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property right of citizens of the Philippines." This was further implemented by the Treaty of General Relations between the Philippines and the United States. Additionally, Moss and his predecessors in interest had been in possession en concepto de dueño of Calumpihan Island for more than thirty years immediately preceding the filing of his application, making him entitled to registration under Section 48(b) of the Public Land Law, as amended by Republic Act No. 1942.
Main Doctrine
Citizens of the United States could acquire lands in the Philippines under the Ordinance appended to the 1935 Constitution, and their property rights were safeguarded even after Philippine independence.