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CHEESMAN vs.

INTERMEDIATE APPELLATE COURT- Marianne Aquino


G.R. No. 74833
January 21, 1991
Narvasa:
Facts: Thomas Cheesman (American) and his Filipino wife Criselda were married on
December 4, 1970. On June 4, 1974, a house and lot was conveyed only in favor of
Criselda. Thomas Cheesman was aware of the conveyance made exclusively to his
wife but he did not object to it. Criselda assumed exclusive management of the
property. On February 15, 1981, the spouses separated. On July 1, 1981, Criselda
sold the property to Estelita M. Padilla, without the knowledge or consent of Thomas
Cheesman. Subsequently, Thomas Cheesman instituted a suit praying for the
annulment of the sale on the ground that the transaction had been executed
without his knowledge and consent.
Issue:
sale?

WON Cheesmans knowledge and consent are necessary to validate the

Held: No primarily because he cannot be considered as the owner of the property.


Section 14, Article XIV of the 1973 (now Sec. 7, Art. XII) prohibits the sale to
aliens of residential land. As an American citizen, he is disqualified under the
Constitution to acquire and own real properties.
It can be argued that there is a presumption that all properties acquired
during the marriage belong to the community property ( their regime is CPG since
their marriage was under the Civil Code- 1970), however, such presumption is not
applicable in this case precisely because of the constitutional prohibition. The Court
ruled that if the property were to be declared conjugal, this declaration would
accord to the alien husband a substantial interest and right over the land, as he
would then have a decisive vote as to its transfer or disposition.