G.R. No. L-43585; May 27, 1939
RIZALINA DE LA ROSA, ET AL., plaintiffs-appellees, vs. MAXIMIANA EDRALIN, ET AL., defendants-appellants.

FACTS

Bonifacio de la Rosa, married first to Narcisa Regidor (with children Julian, Rizalina, and Eustaquia) and later to Maximiana Edralin (with child Salunica), applied for a homestead. He died on December 17, 1927. On January 11, 1928, final proof of compliance with homestead requirements was submitted. The Director of Lands accepted this proof on February 1, 1928, subject to verification. The verification was completed, and the final proof was approved on May 6, 1930. The Director of Lands then issued the homestead patent and certificate of title in the name of the widow, Maximiana Edralin, on November 22, 1930, pursuant to Section 103 of Act No. 2874 , which granted succession rights to the widow. Act No. 3517 , which amended Act No. 2874 to grant succession rights to the legal heirs instead of the widow, took effect on February 4, 1929. The children from both marriages sued to cancel the title issued to Maximiana and have it issued in their names instead.

ISSUE

Whether Act No. 2874 or Act No. 3517 governs the issuance of the homestead patent, thereby determining who succeeds to the rights of the deceased applicant—the widow or the legal heirs.

RULING

Act No. 2874 applies. The appealed decision is reversed, and the certificate of title issued to Maximiana Edralin is declared valid. The right to the patent accrued when the final proof was submitted and accepted on February 1, 1928, at which time Act No. 2874 was in force. Act No. 3517 has no retroactive effect. The approval of the final proof on May 6, 1930, retroacts to the date of its submission, and the delay in verification does not alter the vested right of the widow under the law then in effect.