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    Juan Sala vs. CFI Negros Oriental

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    amareia yap
    Daniel Junco was granted a homestead patent for two lots totaling 72,941 square meters in 1967. Within a month of receiving the patent, he sold 7,500 square meters of the lots to the private respondent. The sale was invalid under Section 118 of the Public Land Act, which prohibits the alienation of homesteaded land for five years after the patent is issued. As such, the sale was null and void, and the title reverted to the state. In 1974, the entire lots were sold at a public auction to the petitioner Juan Sala. However, the invalid first sale could not be cured, so the petitioner's title remained subject to the private respondent's claim.

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    Juan Sala vs. CFI Negros Oriental

    Uploaded by

    amareia yap
    207 views1 page
    Daniel Junco was granted a homestead patent for two lots totaling 72,941 square meters in 1967. Within a month of receiving the patent, he sold 7,500 square meters of the lots to the private respondent. The sale was invalid under Section 118 of the Public Land Act, which prohibits the alienation of homesteaded land for five years after the patent is issued. As such, the sale was null and void, and the title reverted to the state. In 1974, the entire lots were sold at a public auction to the petitioner Juan Sala. However, the invalid first sale could not be cured, so the petitioner's title remained subject to the private respondent's claim.

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    Juan Sala vs. CFI negros oriental

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    Daniel Junco was granted a homestead patent for two lots totaling 72,941 square meters in 1967. Within a month of receiving the patent, he sold 7,500 square meters of the lots to the private respondent. The sale was invalid under Section 118 of the Public Land Act, which prohibits the alienation of homesteaded land for five years after the patent is issued. As such, the sale was null and void, and the title reverted to the state. In 1974, the entire lots were sold at a public auction to the petitioner Juan Sala. However, the invalid first sale could not be cured, so the petitioner's title remained subject to the private respondent's claim.

    Copyright:

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

    Juan Sala vs. CFI Negros Oriental

    Uploaded by

    amareia yap
    Daniel Junco was granted a homestead patent for two lots totaling 72,941 square meters in 1967. Within a month of receiving the patent, he sold 7,500 square meters of the lots to the private respondent. The sale was invalid under Section 118 of the Public Land Act, which prohibits the alienation of homesteaded land for five years after the patent is issued. As such, the sale was null and void, and the title reverted to the state. In 1974, the entire lots were sold at a public auction to the petitioner Juan Sala. However, the invalid first sale could not be cured, so the petitioner's title remained subject to the private respondent's claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    . Juan Sala vs.

    CFI negros oriental ( - In the case at bar, it is not disputed that the sale
    Facts: made by the grantee, Daniel Junco to private
    On April 15, 1967, Daniel Junco was granted by the President respondent, of the 7,500 square meters portion of
    of the Philippines homestead patent no. 255492 over a parcel lots 4 and 5, was made barely one month and eleven
    of land known as lot numbers 4 and 5, Psu-117884 of the days from the issuance of the patent to him. The sale
    cadastral survey of Basay Negros Oriental, with a total area of was, therefore, null and void and without effect
    72,941 square meters. Without knowing said issuance, he because it was in violation of the above provision of
    conveyed by way of a deed of sale dated June 16, 1967, 7,500 law. The nullity of the sale of only a portion of the
    square meters of the lots to herein private respondent. lots, extended to the entire lots. 4 The sale produced
    Sometime in 1968, he received information of the issuance. the effect of annullment and cancellation of the title
    He registered the patent only on December 19, 1968, and he issued to Daniel Junco and causes the reversion of
    was issued by the Register of Deeds of the province, OCT No. the lots and its improvements to the State (Sec. 124,
    7936 covering the same lots. Private respondent, on the CA 141, as amended). Although the sheriff's sale was
    other hand, registered the deed of sale but he was never conducted after five years from the issuance of the
    issued any title thereto. His grandfather, however, paid the patent and that petitioner, although in good faith,
    real estate taxes of the portion sold to him up to 1974. On was subsequently issued title over lots 4 and 5, the
    February 24, 1974, the entire lots were sold at a public proceedings had did not cure the nullity of the first
    auction held by the provincial sheriff. The latter on that same sale.
    day, executed in favor of petitioner Juan Sala as judgment
    creditor and being the highest bidder thereat, a certificate of
    sale and subsequently, OCT No. 7936 was cancelled and TCT
    No. 1300 was issued to petitioner. Since he bought the lots,
    petitioner had been in possession thereof except the portion
    sold to private respondent. Petitioner made demands from
    private respondent for the surrender of the portion sold to
    him but he refused. Petitioner then filed with the then Court
    of First Instance of Negros Oriental an action for recovery of
    possession docketed as Civil Case No. 5966 against private
    respondent.

    Issue: WON the sale was valid in view of facts that Junco,
    seller violated section 118 oc CA 141 or Public Land Act.

    Held:
    Section 118 of Commonwealth Act No. 141, as amended by
    Commonwealth Act No. 456, provides as follows:

    Except in favor of the Government or any of its branches, units or


    institutions, lands acquired under free patent or homestead
    provisions shall not be subject to encumbrance or alienation from
    the date of the approval of the application and for a term of five
    years from and after the date of issuance of the patent or grant nor
    shall they become liable to the satisfaction of any debt contracted
    prior to the expiration of said period, but the improvement or crops
    on the land may be mortgaged or pledged to qualified persons,
    associations, or corporations. (p. 22, Rollo)

    As was held in several cases, the prohibition has the avowed


    purpose of giving the homesteader or patentee every chance
    to preserve for himself and his family the land that the State
    had gratuitously given him as a reward for his labor in
    cleaning and cultivating it.

    Prohibition to alienate commences to run from the date the


    application is approved which may be a date earlier than the
    date of issuance of the patent. The period of five years within
    which the alienation or encumbrance of a homestead is
    restricted, starts to be computed from the latter date.

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