G.R. No. L-4374 November 23, 1951
RAMON CHUA YU SUN, petitioner, vs. THE HONORABLE CEFERINO DE LOS SANTOS, ETC., respondent.

FACTS

In July 1941, the petitioner, Ramon Chua Yu Sun, purchased two residential lots with a strong materials house located in San Francisco del Monte, Province of Rizal. The Register of Deeds of the province issued in his favor duplicates of Transfer Certificates of Title Nos. 1503 and 1505. These duplicate certificates were destroyed during the battle for the liberation of Manila. On October 12, 1949, the petitioner filed a motion pursuant to Article 109 of the Land Registration Act, asking the court to order the Register of Deeds of Quezon City to issue another duplicate of Transfer Certificates of Title Nos. 1503 and 1505. After hearing the parties, the court denied the petition on October 6, 1950, and the motion for reconsideration was denied on November 11 of the same year, on the ground that the petitioner is a Chinese citizen and could not legally acquire the lots by purchase.

ISSUE

Whether the petitioner, a Chinese citizen, is entitled to the reconstitution of his duplicate certificates of title which were destroyed, despite the constitutional prohibition on aliens acquiring private agricultural lands.

RULING

Yes. The Supreme Court, sitting en banc, reversed the orders of the lower court. Citing a similar issue already resolved in the case of The Director of Lands vs. Gan Tan (89 Phil. 184), a decision promulgated on May 30, 1951, the majority held that the reconstitution of the destroyed certificate is mandatory. The Court revoked the order of the respondent judge dated October 6, 1950, and directed his successor to order the issuance of a new duplicate of Transfer Certificates of Title Nos. 1503 and 1505 in favor of the petitioner.