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    Ong Ching Po v. CA

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    Jerry Cane
    Ong Ching Po, a Chinese citizen, claimed to have purchased land in 1946 from the original owner. However, the land was previously sold in 1947 to Soledad Parian, as evidenced by a notarized deed of sale. Soledad entrusted Ong Ching Po to administer the land, but later demanded it back to sell. Ong Ching Po refused. The Supreme Court dismissed Ong Ching Po's petition, finding that as a non-Filipino, he was disqualified from acquiring or owning land under the 1987 Constitution. Only citizens or corporations qualified under the Constitution can privately acquire land.

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    Ong Ching Po v. CA

    Uploaded by

    Jerry Cane
    70 views1 page
    Ong Ching Po, a Chinese citizen, claimed to have purchased land in 1946 from the original owner. However, the land was previously sold in 1947 to Soledad Parian, as evidenced by a notarized deed of sale. Soledad entrusted Ong Ching Po to administer the land, but later demanded it back to sell. Ong Ching Po refused. The Supreme Court dismissed Ong Ching Po's petition, finding that as a non-Filipino, he was disqualified from acquiring or owning land under the 1987 Constitution. Only citizens or corporations qualified under the Constitution can privately acquire land.

    Original Title

    14. Ong Ching Po v. CA

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    Ong Ching Po, a Chinese citizen, claimed to have purchased land in 1946 from the original owner. However, the land was previously sold in 1947 to Soledad Parian, as evidenced by a notarized deed of sale. Soledad entrusted Ong Ching Po to administer the land, but later demanded it back to sell. Ong Ching Po refused. The Supreme Court dismissed Ong Ching Po's petition, finding that as a non-Filipino, he was disqualified from acquiring or owning land under the 1987 Constitution. Only citizens or corporations qualified under the Constitution can privately acquire land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views1 page

    Ong Ching Po v. CA

    Uploaded by

    Jerry Cane
    Ong Ching Po, a Chinese citizen, claimed to have purchased land in 1946 from the original owner. However, the land was previously sold in 1947 to Soledad Parian, as evidenced by a notarized deed of sale. Soledad entrusted Ong Ching Po to administer the land, but later demanded it back to sell. Ong Ching Po refused. The Supreme Court dismissed Ong Ching Po's petition, finding that as a non-Filipino, he was disqualified from acquiring or owning land under the 1987 Constitution. Only citizens or corporations qualified under the Constitution can privately acquire land.

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    © All Rights Reserved
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    TOPIC: Citizeship Requirement

    ONG CHING PO, YU SIOK LIAN DAVID ONG and JIMMY ONG , petitioners, vs. COURT OF APPEALS and
    SOLEDAD PARIAN, respondents.
    [G.R. Nos. 113472-73. December 20, 1994.]

    MATERIAL FACTS:
    On 1947, Ong Joi Jong sold a parcel of Land to private respondent Soledad Parian, the wife of Ong Yee.
    The latter is the brother of petitioner Ong Ching Po. The said sale was evidenced by a notarized Deed of
    Sale written in English. Subsequently, the document was registered with the Register of Deeds of
    Manila, in the name of private respondent.

    According to private respondent, she entrusted the administration of the lot and building to petitioner
    Ong Ching Po when she and her husband settled in Iloilo. When her husband died, she demanded that
    the lot be vacated because she was going to sell it. Unfortunately, petitioners refused to vacate the said
    premises. Petitioners, on the other hand, claimed that on July 23, 1946, petitioner Ong Ching Po bought
    the said parcel of land from Ong Joi Jong. The sale was evidenced by a photo copy of a Deed of Sale
    written in Chinese.

    On December 6, 1983, petitioner Ong Ching Po executed a Deed of Absolute Sale conveying to his
    children, petitioners Jimmy and David Ong, the same property sold by Ong Joi Jong to private
    respondent in 1947. On December 12 1985, petitioners filed an action for reconveyance and damages
    against private respondent in the Regional Trial Court.

    On July 26, 1986, private respondent filed an action for quieting of title against petitioners Ong Ching Po
    and his wife, petitioner Yu Siok Lian, in the Regional Trial Court. On May 30 1990, the trial court
    rendered a decision in favor of private respondent. On appeal by petitioners to the Court of Appeals, the
    said court affirmed the decision of the Regional Trial Court. Hence this petition.

    ISSUES:
    Whether or not an alien may acquire lands in the Philippines by virtue of a Deed of Sale.

    RULING:
    The Petition is Dismissed.

    RATIO DECIDENDI:
    Petitioner Ong Ching Po was a Chinese citizen; therefore, he was disqualified from acquiring and owning
    real property.
    Section 7, Article XII of the 1987 Constitution provides: "Save in cases of heredity succession, no private
    lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to
    acquire or hold lands in the public domain."

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