Title
Acierto vs. De los Santos
Case
G.R. No. L-5828
Decision Date
Sep 29, 1954
Homestead land sale void under 5-year prohibition; heirs recover land as sale occurred pre-lapse; prescription inapplicable to registered land.
Font Size:

Case Digest (G.R. No. L-5828)

Facts:

Background of the Case

  • On February 15, 1940, Pelagio Acierto was granted a homestead patent for a portion of public land located in Tuao, Cagayan province.
  • Two months later, the land was registered under the Land Registration Act, and a certificate of title was issued to Pelagio Acierto.
  • Pelagio Acierto died on January 20, 1945.

Dispute Over the Land

  • On April 3, 1951, Pelagio Acierto's children (plaintiffs) filed a lawsuit against Francisco de los Santos and Maria de los Santos (defendants) to recover the land and claim damages.
  • The plaintiffs alleged that the defendants took possession of the land on August 1, 1941, through force, intimidation, strategy, and stealth, and had since refused to return it despite repeated demands.

Defendants' Claims

  • The defendants denied the plaintiffs' allegations and claimed that the land was purchased by Francisca de los Santos (Francisco's landlady) from Pelagio Acierto in 1939 and 1940, and later sold to Maria de los Santos.
  • They also argued that they had been in open, peaceful, and continuous possession of the land for over 12 years, invoking prescription as a defense.

Lower Court's Decision

  • The trial court found that Pelagio Acierto had sold the land to Francisca de los Santos for P200, but the sale was void because it occurred before the lapse of the 5-year prohibition period under the Public Land Act.
  • The court ruled in favor of the plaintiffs, declaring them the rightful owners of the land but requiring them to pay P200 to Maria de los Santos.

Appeal

  • The defendants appealed to the Court of Appeals, which certified the case to the Supreme Court due to the purely legal questions involved.

Issue:

  1. Whether the sale of the homestead land by Pelagio Acierto to Francisca de los Santos was valid, given the 5-year prohibition period under the Public Land Act.
  2. Whether the plaintiffs, as heirs of Pelagio Acierto, could recover the land despite the alleged sale.
  3. Whether the defendants had acquired ownership of the land through prescription.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

  • The Supreme Court upheld the lower court's judgment, declaring the plaintiffs as the rightful owners of the land and ordering them to pay P200 to the defendants. The defendants' appeal was dismissed, and costs were imposed on them.


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.