Nieves Tinio vs. vs. Gregorio Frances Frances G.R No. L-7747 November 29,1955
Facts: This action was brought by the heirs of the deceased Sergio Nicolas to annul the sale of a homestead which had been inherited by them from said decedent. Sergio Nicolas applied for a parcel of land containing an area of 10.0709 hectares, more or less, in San Fabian, Santo omingo, Nue!a "ci#a in the year 1917. $is application was appro!ed on %une &&, 1917. $e 'led the corresponding corresponding 'nal proof papers in relation to the homestead and on %une 1(, 19)* the said 'nal proof was appro!ed by the irector of +ands, who thereupon ordered the issuance of a patent in his fa!or. "-hibit ./ t the time of the issuance of the abo!e order, Sergio Nicolas had already died, so the order directs the issuance of the patent to his heirs, represented by his widow. n or about the year 19)7 the heirs transferred their rights to the homestead homestead to the defendants. defendants. The abo!e abo!e transfer transfers s were were appro!ed appro!ed by the Secretary Secretary of griculture and ommerce on 2arch 9, 19)3 and thereafter the defendants secured the issuance of a homestead patent in their fa!or. 4riginal erti'cate of Title No. 56((3 has been issued also in their fa!or, co!ering the said parcel of land.
S". &0. f at any time after the appro!al of the application and before patent is issued the applicant shall pro!e pro!e to the satisfaction satisfaction of the irector of +ands that he has complied with all the reuirements reuirements of the law, but cannot continue with his homestead, through no fault of his own, and there is a bona 'de purchaser for the rights and impro!ements of the applicant on the land, and that that the con!eyan con!eyance ce is not made made for purposes purposes of specul speculati ation, on, then the applicant, with the pre!ious appro!al of the Secretary of griculture and ommerce, may transfer his rights to the land and impro!ements to any person legally uali'ed to apply for a homestead, and immediately after such transfer, the purchaser shall 'le a homestead application to the land so acuired and shall succeed the original homesteader in his rights and obligations beginning with the date of the appro!al of said application of the purchaser. purchaser. ny person who has so transferred his rights may not agan apply for a new homestead. "!ery "!ery transfer transfer made without without the pre!iou pre!ious s appro!al appro!al of the Secretar Secretary y of gricultu griculture re and ommerce shall be null and !oid and shall result in the cancellation of the entry and the refusal of the patent. . . 1)1/.
Isse : 8hether : 8hether or not said con!eyances satisfy reuirements of said section &0 of the ct. ct.
!e"#: n !e"#: n accordance herewith the con!eyances e-ecuted by the plaintis to the defendants are hereby declared null and !oid, the transfer certi'cate of title issued in the name of the defendants 56((3 of the 4:ce of the ;egister of eeds of Nue!a "ci#a/ ordered cancelled,
and the possession of the land returned to the plaintis upon return to the defendants of the amounts recei!ed as price for the sale. No damages or costs. So ordered
