G.R. No. 44947 ; November 26, 1938
ANTONIO LABRADOR and FELIPA CONONIZADO, plaintiffs-appellants, vs. EMILIANO DE LOS SANTOS ET AL., defendants-appellees.

FACTS

Plaintiffs Antonio Labrador and Felipa Cononizado purchased a homestead land from Santiago de los Santos in April 1928 for P1,000. Santiago had acquired the land through a homestead patent, with the original certificate of title issued on January 15, 1927. The sale occurred within five years from the issuance of the patent. Upon Santiago’s death, his children (defendants) executed an extrajudicial partition and obtained a new transfer certificate of title in their names. Plaintiffs sought the return of the P1,000, claiming the sale was void under the Public Land Act.

ISSUE

Whether the defendants, as heirs of the vendor, are obligated to return the purchase price to the plaintiffs after the sale was declared void for violating the prohibition against alienation within five years from the issuance of a homestead patent.

RULING

No. The sale is void for violating Section 116 of Act No. 2874 (the Public Land Act), as amended, which prohibits the encumbrance or alienation of a homestead within five years from the patent’s issuance. While the vendor (Santiago) would have been obligated to return the purchase price if alive, his heirs (defendants) inherited the property with the benefit of inventory. The plaintiffs’ remedy is to file their claim for reimbursement in the intestate proceedings of Santiago de los Santos before the committee on claims and appraisal. The homestead land itself cannot be charged with the payment of this obligation due to the statutory prohibition. The appealed judgment dismissing the complaint was affirmed, with the modification that plaintiffs’ right to pursue their claim in the intestate proceedings was reserved.

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