G.R. No. L-348; April 30, 1948
FLORENTINO PASCUA, plaintiff-appellee, vs. JOSE TALENS, defendant-appellant.

FACTS

Sinforoso Pascua obtained a homestead patent under Act No. 2874. Upon his death, his son Florentino Pascua inherited the land and was issued a transfer certificate of title. Florentino later sold the homestead land to Jose Talens. Within five years from the sale, Florentino Pascua demanded to repurchase the land under Section 117 of the Public Land Act (Act No. 2874), which grants a right of repurchase to the applicant, widow, or legal heirs. Jose Talens refused, leading Florentino Pascua to file an action for reconveyance.

ISSUE

Whether the legal heir of the original homesteader, who acquired title by inheritance and subsequently sold the homestead, can invoke the right to repurchase under Section 117 of Act No. 2874.

RULING

Yes. The Supreme Court affirmed the lower court’s decision, holding that the right of repurchase under Section 117 applies not only when the conveyance is made by the original homesteader but also when it is made by his widow or heirs. The purpose of the homestead laws is to keep the land within the family of the homesteader as a benevolent State policy. This right is a complement to the prohibition against alienation within five years from the patent grant and aims to preserve the family’s ownership of the land gratuitously given by the State. Therefore, Florentino Pascua, as a legal heir, validly exercised the right to repurchase the homestead within the five-year period from the date of his conveyance to Talens.

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