GR No. 26882, April 5, 1978
Topics:
reconveyance of a parcel of land with damages
Doctrines:
No alienation, transfer, or conveyance of any homestead after five years and before twenty-five years after issuance of title shall be valid without the approval of the Secretary of Agriculture and Commerce, which approval shall not be denied except on constitutional and legal grounds (Sec. 118, CA No. 141, as amended by CA No. 456).
Summary:
A homestead patent covering 219, 949 square feet was received by Petre Galero from the Bureau of Lands, in Labo, Camarines Norte. Galero sold the property to Mario Escuta on June 25, 1940, for P300. The same land was sold by Escuta to Florencio Caramoan as well.
Facts:
A homestead patent covering 219, 949 square feet was received by Petre Galero from the Bureau of Lands, in Labo, Camarines Norte. Galero sold the property to Mario Escuta on June 25, 1940, for P300. The same land was sold by Escuta to Florencio Caramoan as well.Petre Galero, represented by the Attorney, filed a legitimate judicial case. Rosarion Vda’s late spouse, Benito Laig, is the petitioner in this case. After the court was persuaded that the alienation breached Section 118 of the Public Land Act, De Laig, acting as counsel, was successful in recovering the subject land. Galero as a vendor issued a deed of sale in the Attorney’s favor. Benito Laig is the seller.Galero sold to Atty. Laig the subject land with its improvements for P1,600 plus Atty.’s fees due to Atty. De Laig for his legal services as counsel for Galero.
Issue:
Is the sale between Galero and Atty. De Laig was made in violation of Art. 1491?
Ruling:
No. There was no longer a legal dispute involving the aforementioned property. The sale was completed once the reconveyance case’s ruling, which was rendered irrevocable, was made.