No. L-1411. September 29, 1953
FACTS
On February 2, 1944, Dionisio Rellosa sold to Gaw Chee Hun a parcel of land, together with the house erected thereon, for the sum of P25,000. The vendor remained in possession of the property under a contract of lease entered into on the same date between the same parties.
Rellosa instituted action seeking the annulment of the sale and the lease. The Petitioner contends that the sale in question cannot have any validity under Seirei No. 6 in view of the failure of respondent to obtain the requisite approval by the Japanese authorities. And Even if said requirement were met, the sale would at all events be void under article XIII, section 5, of our Constitution which provides that “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”.