Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1998 > November 1998 Decisions > G.R. No. 119341 November 29, 1998 - EDUARDO FONTANILLA, ET AL. v. COURT OF APPEALS, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 119341. November 29, 1999.]

EDUARDO FONTANILLA, SR. and ELLEN M.T. FONTANILLA, Petitioners, v. HON. COURT OF APPEALS, and LUIS DUAMAN, Respondents.


D E C I S I O N


KAPUNAN, J.:


This is a petition for review on certiorari filed by Eduardo Fontanilla, Sr. and his daughter, Ellen M.T. Fontanilla (herein petitioners), seeking the reversal of the decision, dated 19 August 1994, of the Court of Appeals in CA-G.R. CV No. 25061 and its resolution, dated 6 February 1995, denying petitioners’ motion for reconsideration of said decision.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

The facts of the case are not disputed. Spouses Crisanto and Feliciana Duaman were awarded a homestead patent over a parcel of land, and consequently, Original Certificate of Title No. I-2720 covering the same was issued to them. Upon their death, private respondent Luis Duaman, one of their children, inherited a four-hectare portion of the homestead. Transfer Certificate of Title No. 33441 covering the said portion was issued in his name. On 21 July 1976, in order to expedite the loan application of his two (2) sons, Ernesto and Elpidio Duaman, with the Development Bank of the Philippines, private respondent transferred to them the ownership of his share in the homestead. Accordingly, TCT No. 33441 was cancelled and in lieu thereof, TCT No. T-97333 was issued in the names of Ernesto and Elpidio.

On 8 August 1985, in view of the imminence of foreclosure of the said lot by the bank, Ernesto and Elpidio sold the two-hectare portion thereof to Eduardo Fontanilla, Sr. for P30,000.00. The vendee named in the deed of sale was Ellen M.T. Fontanilla. Pursuant to the sale, TCT No. 172520 covering the two-hectare portion (subject lot) was issued in the name of Ellen M.T. Fontanilla. Sometime later, private respondent informed Eduardo Fontanilla of his desire to repurchase the subject lot.

On 20 June 1989, private respondent instituted with the Regional Trial Court, Branch 9 of Cauayan, Isabela, an action against petitioners for the "Repurchase of the Homestead and Delivery of Title No. T-97333." Upon motion filed by petitioners, the lower court dismissed private respondent’s complaint for failure to state a cause of action.

On appeal, the CA reversed the order of the lower court. Essentially, the CA held that private respondent could still exercise the right to repurchase under Section 119 of the Public Land Act (Commonwealth Act No. 141, as amended) despite the fact that it was not him but his sons who conveyed the subject lot to petitioners.chanroblesvirtuallawlibrary

Aggrieved, petitioners filed the instant petition alleging that —

"1. The respondent CA erred when it concluded that private respondent Luis Duaman, who was not the vendor who executed the deed of sale in favor of petitioner Ellen M.T. Fontanilla, has the right to repurchase the land subject matter of the action;

2. The respondent CA erred when it concluded that the homestead applicant, his widow or his legal heirs have the right to repurchase the homestead every time the same is conveyed to a third party or sold to persons outside the family circle." 1

In a nutshell, petitioners contend that private respondent, not being the vendor in the sale of the subject lot to petitioners, could no longer exercise his right to repurchase under Section 119 of the Public Land Act against petitioners. Said provision of law reads:jgc:chanrobles.com.ph

"SECTION 119. Every conveyance of land acquired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of conveyance." chanroblesvirtual|awlibrary

It is well to remember that "these homestead laws were designed to distribute disposable agricultural lots of the State to land-destitute citizens for their home and cultivation." 2 Further, the plain intent of Section 119 is "to give the homesteader or patentee every chance to preserve for himself and his family the land that the State had gratuitously given to him as a reward for his labor in cleaning and cultivating it." 3

Petitioners, however, urge this Court to deviate from this salutary principle arguing that private respondent could no longer avail himself of the right to repurchase under Section 119 because he was not the vendor of the subject lot. Only the vendor allegedly has the right to repurchase. Petitioners further argue that Ernesto and Elpidio cannot, by themselves, exercise said right as they are not "legal heirs" of the homesteader. In support of their contention, petitioners cite Madarcos v. de la Merced 4 where we held that —

" [t]he contested Lot B had been given to Francisca and it was she who executed the sale to respondent Loreto Sta. Maria in 1972. Only the vendor has the right to repurchase. As Francisca is still living, she alone can demand the reconveyance of her share, Lot B, from respondent vendee." 5

Petitioners’ contention is bereft of merit. Our pronouncement in Madarcos that" [o]nly the vendor has the right to repurchase" was taken out of context by petitioners. Said pronouncement may not be sweepingly applied in this case because of a significant factual difference between the two (2) cases. In Madarcos, we ruled that Catain (petitioner therein) cannot repurchase the share of Francisca, his co-heir, because the homestead had already been partitioned and distributed among them as heirs. In other words, in that case, we held that Catain could not avail himself of the right granted under Section 119 because he was not entitled to repurchase the share of his co-heir in the homestead. Upon the other hand, in this case, private respondent is precisely seeking to repurchase from petitioners his own share in the homestead that he inherited from his parents.

Indeed, there is nothing in Section 119 which provides that the "applicant, his widow, or legal heirs" must be the conveyor of the homestead before any of them can exercise the right to repurchase. Rather, what said law plainly provides is that the "applicant, his widow, or legal heirs" shall be entitled to repurchase the homestead within five (5) years from the date of conveyance. In this case, there is no dispute that private respondent is the legal heir of spouses Crisanto and Feliciana Duaman, the homesteaders.

Echoing the ratiocination of the lower court, petitioners also aver that assuming arguendo that private respondent can still exercise his right to repurchase under Section 119, the same is already time-barred. In support of this averment, petitioners reckon the five-year period to repurchase from 21 July 1976 when private respondent conveyed the subject lot to his sons. When the complaint was filed with the lower court on 20 June 1989, more than five (5) years had lapsed and prescription of the right to repurchase had allegedly already set in.

This contention is likewise untenable. As correctly held by the CA, the transfer of the subject lot by the father (private respondent Luis) to his sons (Ernesto and Elpidio) is not the "conveyance" contemplated by Section 119 because the subject lot remains in the family of the homesteaders, the transferee being their direct descendants. The avowed fundamental policy of Section 119, e.g., "to preserve and keep in the family of the homesteader that portion of the public land which the State had gratuitously given to him," 6 is clearly not violated by said conveyance.chanrobles law library : red

Thus, in Lasud v. Lasud, 7 we declared that the sale by the daughter of the homesteader of her one-half share in the homestead to her brother (son of the homesteader) "does not fall within the purpose, spirit and meaning of the provision of the Public Land Act (Com. Act No. 141, Section 119) authorizing redemption of the homestead from any vendee thereof." 8 We quoted with approval the disquisition of the lower court in that case as follows:jgc:chanrobles.com.ph

". . . Considering that Sec. 119 of the Public Land Law aims to preserve in the family of the homesteader that portion of the public domain which the State had gratuitously given to him, it is apparent that the conveyance mentioned therein refers to an alienation made to a third person outside the family circle. And certainly the defendant Santay Lasud can not be considered a third person in relation to the original homesteader, his father, because there is a privity of interest between him and his father, the defendant Santay Lasud being the continuity of the legal personality of the former. So much so, that the sale made by the plaintiff, Sigbe Lasud, to her brother, the defendant Santay Lasud, can not be a ‘proper’ case to be brought under the operations of Sec. 119 of the Public Land Law, because such a sale does not take the land out of the family circle of the homesteader their father that is, the sale is not in contravention of an avowed fundamental policy, which is, to preserve and keep [in] the family of the homesteader,’ the land granted to him by the State." 9

Since the transfer of the subject lot by private respondent to his sons does not fall within the purview of Section 119, it necessarily follows that the five-year period to repurchase cannot be reckoned from the date of said conveyance. Rather, the date of conveyance for the purpose of counting the five-year period to repurchase under Section 119 is that "alienation made to a third party outside of the family circle" 10 which in this case was the conveyance of the subject lot to petitioners on 8 August 1985. Accordingly, private respondent’s complaint for the repurchase of the subject lot, which was filed on 20 June 1989, was not time-barred as not more than five (5) years had lapsed since the date of its conveyance to petitioners.

The foregoing construction is merely in keeping with the purpose of Section 119 — "to enable the family of the applicant or grantee to keep their homestead" — for it is well settled that the law must be construed liberally in order to carry out that purpose. 11 As we held in Ferrer v. Mangente 12 —

". . . The applicant for a homestead is to be given all the inducement that the law offers and is entitled to its full protection. Its blessings, however, do not stop with him. This is particularly so in this case as the appellee is the son of the deceased. There is no question then as to his status of being a legal heir. The policy of the law is not difficult to understand. The incentive for a pioneer to venture into developing virgin land becomes more attractive if he is assured that his effort will not go for naught should perchance his life be cut short. This is merely a recognition of how closely bound parents and children are in a Filipino family. Logic, the sense of fitness and of right, as well as pragmatic considerations thus call for continued adherence to the policy that not the individual applicant alone but those so closely related to him as are entitled to legal succession may take full advantage of the benefits the law confers." 13

WHEREFORE, premises considered, the petition is hereby DENIED and the assailed decision of the respondent Court of Appeals is AFFIRMED.

SO ORDERED.chanroblesvirtual|awlibrary

Davide, Jr., C.J., Puno, Pardo and Ynares-Santiago, JJ., concur.

Endnotes:



1. Rollo, pp. 13-14.

2. Simeon v. Peña, 36 SCRA 610, 618 (1970) citing Pascua v. Talens, 80 Phil. 792 (1948).

3. Id., at 615-616.

4. 174 SCRA 599 (1989).

5. Id., at 604.

6. See Note 2.

7. 10 SCRA 425 (1964).

8. Id., at 428.

9. Id., at 427.

10. Id.

11. Rivera v. Curamen, 24 SCRA 448, 453 (1968).

12. 50 SCRA 424 (1973).

13. Id., at 427.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1998 Jurisprudence                 

  • A.M. No. P-99-1315 November 3, 1998 - JESUSA MANINGAS, ET AL. v. CARLITO C. BARCENAS

  • G.R. No. 136448 November 3, 1998 - LIM TONG LIM v. PHIL. FISHING GEAR INDUSTRIES

  • G.R. No. 137136 November 3, 1998 - NORTHWEST AIRLINES v. CAMILLE T. CRUZ, ET AL.

  • G.R. No. 135913 November 4, 1998 - VICTORIANO B. TIROL v. CIPRIANO A. DEL ROSARIO, ET AL.

  • A.M. No. RTJ-98-1425 November 16, 1998 - DOMINGO G. PANGANIBAN v. PABLO B. FRANCISCO, ET AL.

  • A.M. No. RTJ-99-1504 November 16, 1998 - ANG KEK CHEN v. AMALIA R. ANDRADE

  • G.R. No. 106593 November 16, 1998 - NAT’L HOUSING AUTHORITY v. MAURO T. ALLARDE, ET AL.

  • G.R. No. 106795 November 16, 1998 - STATE INVESTMENT HOUSE v. COURT OF APPEALS, ET AL.

  • G.R. No. 113638 November 16, 1998 - A. D. GOTHONG MANUFACTURING CORP. EMPLOYEES UNION-ALU v. NIEVES CONFESOR, ET AL.

  • G.R. No. 115180 November 16, 1998 - FILIPINO PIPE AND FOUNDRY CORP. v. NLRC, ET AL.

  • G.R. No. 123045 November 16, 1998 - DEMETRIO R. TECSON v. SANDIGANBAYAN, ET AL.

  • G.R. No. 123686 November 16, 1998 - APOLINARIO MELO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124166 November 16, 1998 - BENGUET CORP. v. NLRC, ET AL.

  • G.R. Nos. 125814-15 November 16, 1998 - PEOPLE OF THE PHIL. v. SAMSON PATALINGHUG

  • G.R. No. 126332 November 16, 1998 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL

  • G.R. No. 128361 November 16, 1998 - PEOPLE OF THE PHIL. v. MOROY "SONNY" GALLO

  • G.R. No. 128452 November 16, 1998 - COMPANIA MARITIMA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128957 November 16, 1998 - ANTONIO PARE v. NLRC, ET AL.

  • G.R. No. 131235 November 16, 1998 - UST FACULTY UNION (USTFU) v. BENEDICTO ERNESTO R. BITONIO JR.

  • G.R. No. 131777 November 16, 1998 - PEOPLE OF THE PHIL. v. ROSALINDA ARIOLA

  • G.R. No. 132497 November 16, 1998 - LUIS MIGUEL YSMAEL, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 5170 November 17, 1998 - LILIA FERRER TUCAY v. MANUEL R. TUCAY

  • ADM. MATTER No. RTJ-95-1324 November 17, 1998 - EVARISTO MANAHON v. ALVIN I. TAN

  • G.R. No. 123152 November 17, 1998 - PEOPLE OF THE PHIL. v. RODRIGO LASOLA

  • G.R. No. 129169 November 17, 1998 - NIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 129256 November 17, 1998 - PEOPLE OF THE PHIL. v. JOEL PINCA

  • G.R. No. 130591 November 17, 1998 - PEOPLE OF THE PHIL. v. CARMELO LACABA

  • G.R. No. 130607 November 17, 1998 - PEOPLE OF THE PHIL. v. RUSTICO RIVERA

  • G.R. No. 131499 November 17, 1998 - HERMIE M. HERRERA, ET AL. v. COMELEC

  • G.R. Nos. 132216 & 133479 November 17, 1998 - PEOPLE OF THE PHIL. v. SALVADOR TORIO

  • G.R. No. 132238 November 17, 1998 - PEOPLE OF THE PHIL. v. LITO BAYGAR

  • G.R. No. 133148 November 17, 1998 - J.R. BLANCO v. WILLIAM H. QUASHA, ET AL.

  • G.R. No. 134467 November 17, 1998 - ATLAS CONSOLIDATED MINING & DEV’T. CORP. v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-99-1326 November 18, 1998 - MARIVIC T. BALISI-UMALI v. SIXTO A. PEÑALOSA

  • A.M. No. P-99-1338 November 18, 1998 - ESTELA P. VALLES v. NILA ARZAGA-QUIJANO

  • G.R. No. 103476 November 18, 1998 - CODIDI MATA, ET AL. v. COURT OF APPEALS

  • G.R. No. 106531 November 18, 1998 - FERNANDO GARCIA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 109371 November 18, 1998 - JOSE GAUDIA v. NLRC, ET AL.

  • G.R. No. 122240 November 18, 1998 - CRISTONICO B. LEGAHI v. NLRC, ET AL.

  • G.R. No. 127167 November 18, 1998 - REPUBLIC OF THE PHIL. v. NLRC, ET AL

  • A.M. No. P-94-1080, P-95-1128 & P-95-1144 November 19, 1998 - DINAH CHRISTINA A. AMANE, ET AL. v. SUSAN MENDOZA-ARCE, ET AL.

  • G.R. No. 110048 November 19, 1998 - SERVICEWIDE SPECIALISTS v. COURT OF APPEALS, ET AL.

  • G.R. No. 114198 November 19, 1998 - PEOPLE OF THE PHIL. v. MATEO BALUDDA

  • G.R. No. 114508 November 19, 1998 - PRIBHDAS J. MIRPURI v. COURT OF APPEALS, ET AL.

  • G.R. No. 115412 November 19, 1998 - HOME BANKERS SAVINGS AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 126932 November 19, 1998 - PEOPLE OF THE PHIL. v. PASCUA GALLADAN

  • G.R. No. 127768 November 19, 1998 - UNITED AIRLINES v. WILLIE J. UY

  • G.R. No. 128797 November 19, 1998 - FIRST NATIONWIDE ASSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129096 November 19, 1998 - MARIVIC ZARATE v. COMELEC, ET AL.

  • G.R. No. 129732 November 19, 1998 - PEOPLE OF THE PHIL. v. MARIO BASCO

  • G.R. No. 130772 November 19, 1998 - WALLEM MARITIME SERVICES v. NLRC, Et. Al.

  • G.R. No. 130922 November 19, 1998 - PEOPLE OF THE PHIL. v. ALFREDO REQUIZ

  • G.R. No. 131479 November 19, 1998 - PEOPLE OF THE PHIL. v. ROLANDO GASPAR

  • G.R. No. 131732 November 19, 1998 - PEOPLE OF THE PHIL. v. WILSON CATAMPONGAN, ET AL.

  • G.R. No. 132474 November 19, 1998 - RENATO CENIDO v. AMADEO APACIONADO, ET AL.

  • G.R. No. 132644 November 19, 1998 - ERNESTO DAVID, ET AL. v. CRISTITO MALAY, ET AL.

  • G.R. No. 134685 November 19, 1998 - MARIA ANTONIA SIGUAN v. ROSA LIM

  • A.M. No. P-94-1076 November 22, 1998 - ENRIQUE M. ALMARIO v. JAMESWELL M. RESUS, ET AL.

  • A.M. No. P-99-1341 November 22, 1998 - JULITO BIAG v. LUALHATI GUBATANGA

  • G.R. No. 97914 November 22, 1998 - PEOPLE OF THE PHIL. v. JOEL BROMO

  • G.R. No. 122279 November 22, 1998 - C & A CONSTRUCTION CO. v. NLRC, ET AL.

  • G.R. No. 127566 November 22, 1998 - PEOPLE OF THE PHIL. v. EULALIO PADIL

  • G.R. No. 135562 November 22, 1998 - PEOPLE OF THE PHIL. v. BENITO BRAVO

  • Administrative Case No. 5169 November 24, 1998 - ELMO S. MOTON v. RAYMUNDO D. CADIAO

  • A.M. No. P-99-1351 November 24, 1998 - RENATO G. CUNANAN v. ARTURO C. FLORES

  • G.R. No. 66508 November 24, 1998 - PEOPLE OF THE PHIL. v. FORTUNATO SIOC, ET AL.

  • G.R. No. 102648 November 24, 1998 - DRS. ALENDRY and FLORA P. CAVILES v. EVELYN and RAMON T. BAUTISTA

  • G.R. No. 110559 November 24, 1998 - PEOPLE OF THE PHIL. v. ROLANDO SABAN, ET AL.

  • G.R. No. 111854 November 24, 1998 - BARANGAY BLUE RIDGE "A" OF QUEZON CITY v. COURT OF APPEALS, ET AL.

  • G.R. No. 114671 November 24, 1998 - AURELIO SALINAS v. NLRC, ET AL.

  • G.R. No. 119492 November 24, 1998 - ROLANDO MALINAO, ET AL. v. NLRC

  • G.R. No. 122006 November 24, 1998 - ALLIED INVESTIGATION BUREAU v. SECRETARY OF LABOR & EMPLOYMENT

  • G.R. No. 132748 November 24, 1998 - PEOPLE OF THE PHIL. v. ROLANDO PATRIARCA

  • G.R. No. 135864 November 24, 1998 - AUGUSTO TOLEDO v. COMELEC, ET AL.

  • G.R. No. 138876 November 24, 1998 - PEOPLE OF THE PHIL. v. EGMEDIO LAMPAZA

  • A.M. No. 99-9-141-MTCC November 25, 1998 - HOLD DEPARTURE ORDER ISSUED BY JUDGE FELIPE M. ABALOS

  • A.M. No. MTJ-99-1236 November 25, 1998 - GERMAN AGUNDAY v. NIETO T. TRESVALLES

  • A.M. No. MTJ-99-1237 November 25, 1998 - ALFONSO LUMIBAO, ET AL. v. MAMERTO C. PANAL

  • G.R. No. 109024 November 25, 1998 - HEIRS OF MARCIANO SANGLE v. COURT OF APPEALS, ET AL.

  • G.R. No. 109307 November 25, 1998 - TEODORA SALTIGA DE ROMERO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114262 November 25, 1998 - PEOPLE OF THE PHIL. v. QUIRINO QUIJADA

  • G.R. No. 119466 November 25, 1998 - SALVADOR and LIGAYA ADORABLE. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122823 November 25, 1998 - SEA COMMERCIAL COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 123059 November 25, 1998 - PEOPLE OF THE PHIL. v. EDUARDO CAPILLO

  • G.R. No. 124140 November 25, 1998 - BERNARDO B. RESOSO v. SANDIGANBAYAN

  • G.R. No. 127347 November 25, 1998 - ALFREDO N. AGUILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128389 November 25, 1998 - DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE v. NLRC, ET AL.

  • G.R. No. 129958 November 25, 1998 - MIGUEL MELENDRES v. COMELEC, ET AL.

  • G.R. No. 134340 November 25, 1998 - LININDING PANGANDAMAN v. COMELEC, ET AL.

  • G.R. No. 116616 November 26, 1998 - PEOPLE OF THE PHIL. v. RICARDO EMBERGA, ET AL.

  • G.R. No. 117929 November 26, 1998 - CORA VERGARA v. COURT OF APPEALS, ET AL.

  • G.R. No. 129955 November 26, 1998 - MARIANO and JULIETA MADRIGAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 134229 November 26, 1998 - LITO and JERRY LIMPANGOG. v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-10-10-SC November 29, 1998 - RE: DISCIPLINARY ACTION AGAINST ANTONIO LAMANO

  • G.R. No. 116320 November 29, 1998 - ADALIA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 119341 November 29, 1998 - EDUARDO FONTANILLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119350-51 November 29, 1998 - PEOPLE OF THE PHIL. v. MAURO SUBA

  • G.R. No. 123307 November 29, 1998 - SAMUEL BARANGAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124640 November 29, 1998 - PEOPLE OF THE PHIL. v. JERRY A. CAPCO, ET AL.

  • G.R. No. 126800 November 29, 1998 - NATALIA P. BUSTAMANTE v. RODITO F. ROSEL, ET AL.

  • G.R. No. 127840 November 29, 1998 - PEOPLE OF THE PHIL. v. ROLAND PARAISO

  • G.R. No. 128743 November 29, 1998 - ORO CAM ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. No. 133750 November 29, 1998 - APEX MINING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133927 November 29, 1998 - MA. AMELITA C. VILLAROSA v. COMELEC, ET AL.

  • G.R. No. 135423 November 29, 1998 - JESUS L. CHU v. COMELEC, ET AL.

  • G.R. No. 136191 November 29, 1998 - JESUS O. TYPOCO v. COMELEC, ET AL.