Title
Cabacug vs. Lao
Case
G.R. No. L-27036
Decision Date
Nov 26, 1970
Filipino widow Natividad Cabacug, despite losing citizenship by marrying a Chinese national, retains the right to repurchase land under the Public Land Act, affirmed by the Supreme Court.
Font Size:

Case Digest (G.R. No. L-27036)

Facts:

  1. Citizenship and Marriage:

    • Natividad Cabacug, the plaintiff, was born a Filipino citizen.
    • She married Te Ben Ting, a Chinese citizen, on January 26, 1944.
    • Te Ben Ting died on October 19, 1946.
  2. Land Acquisition and Sale:

    • On March 16, 1957, Natividad was issued Original Certificate of Title No. P-1332 (Free Patent No. V-67-921) for two parcels of land in Tudela, Misamis Occidental, totaling 62,053 square meters.
    • On September 13, 1962, Natividad sold the land to defendants Placido Lao and Superla Revelo for P13,500.00.
    • Transfer Certificate of Title No. T-436 was issued in the defendants' names.
  3. Repurchase Attempts:

    • Natividad offered to repurchase the land multiple times, but the defendants refused.
    • On August 11, 1965, Natividad deposited P13,165.00 with the Clerk of Court as repurchase money and filed a complaint for repurchase with damages on September 22, 1965.
  4. Citizenship Status:

    • At the time of the stipulation of facts, Natividad had not filed an affidavit of repatriation but had been voting in local and national elections.
    • Her civil status in the complaint and OCT No. P-1332 was listed as single, though she was living with a Chinese citizen, Felix Lao, with whom she had four children.
  5. Improvements on the Land:

    • The land was planted with coconut trees before the sale, and the defendants introduced improvements, though the extent and value were not specified.
  6. Lower Court Decision:

    • On August 8, 1966, the lower court ruled in favor of Natividad, ordering the defendants to reconvey the land and pay P533.00 every two months for the produce of the land until reconveyance.
    • The defendants' motion for reconsideration was denied on September 3, 1966, leading to their appeal.

Issue:

  1. Whether Natividad Cabacug, having lost her Filipino citizenship by marrying a Chinese national and not having formally reacquired it, retained the right to repurchase the land under the Public Land Act.
  2. Whether the defendants acted in bad faith by refusing Natividad's repurchase offers, knowing her citizenship status.
  3. Whether the lower court erred in ruling in favor of Natividad despite her citizenship status.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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.