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    Digest Oliva vs. Lamadrid

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    Paul Vincent Cunanan
    - The plaintiff owned land that was mortgaged to a Rural Bank as security for a loan, and when he defaulted the land was auctioned off and sold to the Bank. - The plaintiff argued he had the right to redeem the property within 5 years under Commonwealth Act No. 141, while the defendants said the period was 2 years under Republic Act No. 720 as amended. - The Court examined the legislative history and intent of the laws, and found that for homesteaders and free patent holders the redemption period was intended to be 5 years as provided in Commonwealth Act No. 141.

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    Digest Oliva vs. Lamadrid

    Uploaded by

    Paul Vincent Cunanan
    400 views2 pages
    - The plaintiff owned land that was mortgaged to a Rural Bank as security for a loan, and when he defaulted the land was auctioned off and sold to the Bank. - The plaintiff argued he had the right to redeem the property within 5 years under Commonwealth Act No. 141, while the defendants said the period was 2 years under Republic Act No. 720 as amended. - The Court examined the legislative history and intent of the laws, and found that for homesteaders and free patent holders the redemption period was intended to be 5 years as provided in Commonwealth Act No. 141.

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    Statutory Construction

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    - The plaintiff owned land that was mortgaged to a Rural Bank as security for a loan, and when he defaulted the land was auctioned off and sold to the Bank. - The plaintiff argued he had the right to redeem the property within 5 years under Commonwealth Act No. 141, while the defendants said the period was 2 years under Republic Act No. 720 as amended. - The Court examined the legislative history and intent of the laws, and found that for homesteaders and free patent holders the redemption period was intended to be 5 years as provided in Commonwealth Act No. 141.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    400 views2 pages

    Digest Oliva vs. Lamadrid

    Uploaded by

    Paul Vincent Cunanan
    - The plaintiff owned land that was mortgaged to a Rural Bank as security for a loan, and when he defaulted the land was auctioned off and sold to the Bank. - The plaintiff argued he had the right to redeem the property within 5 years under Commonwealth Act No. 141, while the defendants said the period was 2 years under Republic Act No. 720 as amended. - The Court examined the legislative history and intent of the laws, and found that for homesteaders and free patent holders the redemption period was intended to be 5 years as provided in Commonwealth Act No. 141.

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
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    Oliva vs. Lamadrid, G.R. No.

    L-23196, October 31, 1967


    Aids in Interpretation and Construction: Extrinsic Aids – Legislative History of Statutes

    Facts:  Plaintiff Laureano Oliva owns a parcel of land in Camarines Norte. He mortgaged the property to the Rural Bank of Daet
    as security for the payment of a loan. Having defaulted in the payment of his obligation, the mortgage was extrajudicially
    foreclosed and the property sold at public auction, to the Bank, as the sole bidder, on February 4, 1961. The certificate of sale,
    issued by the sheriff stated that the property could be redeemed within two (2) years from and after the date of the sale, or until
    February 4, 1963. No redemption having been made within said period, the corresponding deed of sale was executed in favor of
    the Bank, on February 27, 1963.

    Prior to May 31, 1963, plaintiff offered to repurchase the property but the offer was turned down. He claimed that, as holder of a
    free patent and a torrens title, he is entitled to redeem the property within five (5) years from the date of the auction sale,
    pursuant to Section 119 of Commonwealth Act No. 141. Upon the other hand, defendants alleged in their answer that the right of
    redemption expired on February 4, 1963, under the provisions of Section 6 of Republic Act No. 720, as amended by Republic Act
    No. 2670, which, they maintain, is controlling.

    Section 5 of Republic Act No. 720, as amended by


    Section 119 of Commonwealth Act No. 141*
    Republic Act No. 2670*
    Owners of lands covered by a homestead or free patent are The period of two (2) years granted for the redemption
    entitled to redeem their property within five (5) years from of property foreclosed refers to lands “not covered by
    the date of sale. a Torrens Title, a homestead or free patent,” or to
    owners of lands “without torrens titles,” who can “show
    five years or more of peaceful, continuous and
    uninterrupted possession thereof in the concept of an
    owner, or of homesteads or free patent lands pending the
    issuance of titles but already approved,” or “of lands
    pending homestead or free patent titles.”
    *Not the actual wordings

    Issue: 

    Whether the period of redemption is governed by Section 119 of Commonwealth Act No. 141, as asserted by the plaintiff, or by
    Section 5 of Republic Act No. 720, as amended, as contended by the defendants

    Held: 

    The plaintiff herein has the right to repurchase the property in question within five (5) years from the date of the conveyance or
    foreclosure sale or up to February 4, 1966, and that having exercised such right and tendered payment long before the date last
    mentioned, defendants herein are bound to reconvey said property to him.

    Ratio:

    The legislative history of the bills which later became said Republic Act No. 2670, amending Republic Act No. 720, shows that
    the original proposal was to give homesteaders or free patent holders a period of ten (10) years within which to redeem their
    property foreclosed by rural banks; that this proposal was eventually found to be unwise, because its effect would have been to
    dissuade rural banks from granting loans to homesteaders or free patent holders — which were sought to be liberalized — said
    period of redemption being too long, from the viewpoint of said banks; and that, consequently, the proposal was given up, with
    the specific intent and understanding that homesteaders or holders of free patent would retain the right to redeem within five
    (5) years from the conveyance of their properties, as provided in the general law, that is to say the Public Land Act, or
    Commonwealth Act No. 141.

    Where the general law is the Commonwealth Act and the specific law is the Republic Act, they should be unified, and should
    abide by the conditions of the times.

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