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 Pascua later sold the homestead land to Jose Talens. Within five years from the sale, Florentino Pascua, as a legal heir of the original homesteader, sought to repurchase the land from Talens under Section 117 of Act No. 2874 (the Public Land Act). Talens refused, leading to this action.

ISSUE

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

RULING

Yes. The Supreme Court affirmed the lower court’s decision, upholding the heir’s right to repurchase. Section 117 complements Section 116 and aims to preserve the homestead within the family of the original grantee as part of the State’s benevolent policy to provide land to destitute citizens. The right of repurchase exists not only when the conveyance is made by the original homesteader but also when made by his widow or legal heirs. Therefore, Florentino Pascua, as a legal heir, could validly exercise the right to repurchase the homestead within the five-year period from the date of his sale to Talens.

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