patent homestead or individual sale provisions of this Act or to any permanent

Patent homestead or individual sale provisions of

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patent, homestead, or individual sale provisions of this Act or to any permanent improvement on such land. (As amended by Com. Act No. 615, approved May 5, 1941) Sec. 122. No land originally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall be encumbered, alienated or transferred, except to persons, corporations, association, or partnerships who may acquire lands of the public domain under this Act or to corporations organized in the Philippines authorized therefore by their charters. Except in cases of hereditary successions, no land or any portion thereof originally acquired under the free patent, homestead, or individual sale provisions of this Act, or any permanent improvement on such land, shall be transferred or assigned to any individual, nor shall such land or any permanent improvement thereon be leased to such
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individual, when the area of said land, added to that of his own, shall exceed one hundred and forty-four hectares. Any 648 648 SUPREME COURT REPORTS ANNOTATED Republic vs. Court of Appeals transfer, assignment, or lease made in violation hereto shall be null and void. (As amended by Com. Act No. 615, Id.)” x x x x x x x x x “Sec. 124. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and eighteen , one hundred and twenty, one hundred and twenty-one, one hundred and twenty-two, and one hundred and twenty-three of this Act shall be unlawful and null and void from its execution and shall produce the effect of annulling and cancelling the grant, title, patent, or permit originally issued, recognized or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the State.” (Italics supplied.) The foregoing legal provisions clearly proscribe the encumbrance of a parcel of land acquired under a free patent or homestead within five years from the grant of such patent. Furthermore, such encumbrance results in the cancellation of the grant and the reversion of the land to the public domain. Encumbrance has been defined as “[a]nything that impairs the use or transfer of property; anything which constitutes a burden on the title; a burden or charge upon property; a claim or lien upon property.” It may be a “legal claim on an estate for the discharge of which the estate is liable; an embarrassment of the estate or property so that it cannot be disposed of without being subject to it; an estate, interest, or right in lands, diminishing their value to the general owner; a liability resting upon an estate.” 15 Do the contracts of lease and mortgage executed within five (5) years from the issuance of the patent constitute an “encumbrance” and violate the terms and conditions of such patent? Respondent Court answered in the negative: 16 “From the evidence adduced by both parties, it has been proved that the area of the portion of the land, subject matter of the lease contract (Exh. ‘B’) executed by and between Perfecto Advincula and Josefina L. Morato is only 10
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Real property law

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