MARIA LUISA MORALES vs ABNER DE GUIA, GR 247367, December 5, 2022

 

MARIA LUISA MORALES vs ABNER DE GUIA

GR 247367

 

 

FACTS:

Abner bought an unregistered land from sps Sabangan. The sale was evidenced by a Deed of Sale of Miscellaneous Improvements and Transfer of Possessory Rights over Land. It had a two-storey residential house. Abner built a fence on the property.

Former Mayor Gordon asked Abner if he could provide Dominador Morales and his family a place to stay. He agreed. Dominador and Abner’s wife entered into an agreement wherein the former acknowledged the superior right of Abner over the property. Dominador became the overseer and tenant (free of charge) of the property and agreed to vacate upon notice.

Abner migrated to the US. Dominador declared portions of the property under him and his children’s names for tax purposes. He constructed a bungalow on the property while his children sold their portions of the property. Abner filed an action for recovery of possession and ownership of real property, annulment of documents and damages against Dominador family.

Dominador averred that Abner is a naturalized American Citizen and when he lost his Philippine citizenship, he is already disqualified to own lands of public domain. They maintained that lands of public domain may only be acquired by Filipino Citizens.

 

ISSUE:

Whether or not Abner, as a naturalized American citizen, retained his ownership and possessory rights over the subject property.

 

RULING:

 

Yes. Abner's right to the subject prope1iy was not lost by reason of his naturalization as a US citizen.  

 

As early as in 1966, Abner acquired the possessory rights to the property through a Deed of Sale of Miscellaneous Improvements and Transfer of Possessory Rights over Lancf2 wherein Spouses Sabangan ceded to Abner their rights over the property; the sale document clearly indicated the prope1iy's boundaries. Thereafter, Abner declared the property for tax purposes under his name in 1971 and built a fence over the property.

 

Abner was a naturalborn Filipino citizen when he acquired the property from its previous owners, Spouses Sabangan. As a result, he is deemed to have acquired a vested right over the property which cannot be defeated by the mere possession and occupation of the Morales Family as caretakers thereof.

 

Furthermore, RTC correctly ruled that the prohibition under Sections 7  and 8 of Article XII of the 1987 Constitution cited by Maria Luisa finds no application in the present case as the prohibition pertains to the acquisition of property after a natural-born Filipino has lost his or her citizenship. In the case, Abner is not a mere transferee of the property after he lost his Philippine citizenship; he had already acquired the possessory rights thereto in as early as 1966 by vi1iue of the sale document. As explained by the RTC, Abner was already the owner of the property, and he did not merely acquire it for the first time when he was already a US citizen. Having acquired his possessory rights to the property before he acquired foreign citizenship, Abner retained his title and interest over it.