Case Digests: Land Titles and Deeds

#5 Gonzaga v. CA, 51 SCRA 381 (1973)

Case Title, GR ANA GONZAGA,SERVILLANO IGNACIO and ANASTACIA SAN JUAN, petitioners-appellants, vs. COURT OF
Number, Date APPEALS, BONIFACIO EVANGELISTA, JOSE EVANGELISTA CHUA, PAULINO EVANGELISTA, PEDRO TRINIDAD,
FORTUNATA TRINIDAD, RUPERTA DE ROSAS, ANASTACIA DE ROSAS, PATRICIA EVANGELISTA, and JUANA
EVANGELISTA, respondents-appellees.

GR No. L-27455. June 28, 1973.

Ponente FERNANDO, J.
Topic Restrictions on Alienation/Encumbrance of Patented Lands
Facts • Spouses Juan Evangelista and Ana Gonzaga sold several parcels of land to Spouses Anastacia San Juan
(Petitioner; and Servillano Ignacio (vendees). At the time of the sale, Juan and Ana had a pending homestead/free
Respondent) patent application with the Bureau of Lands over one of the parcels of land sold, but the title thereto
was not issued until after the death of Juan.
• Ana and the vendees argued that the Public Land Act does not prohibit an applicant from selling his
rights and interests during his application for a free patent. However, this issue was not raised before
the lower court.
Issue and • Whether the sale made by Spouses Juan and Ana in favor of Spouses Anastacia and Servillano valid,
Ruling considering that at the time pf the sale, Spouses Juan and Ana had a pending homestead/free patent
(Doctrine) application over one of the parcels of land sold, but the title thereto was not issued until after the
death of Juan? – NO, the sale made by Spouses Juan and Ana in favor of Spouses Anastacia and
Servillano is void, considering that at the time of the sale:
o Spouses Juan and Ana had a pending homestead/free patent application over one of the parcels
of land sold, but the title thereto was not issued until after the death of Juan.
▪ Lands acquired under the free patent or homestead provisions shall not be subject to
encumbrance or alienation from the date of the approval of the application and for a
term of 5 years from the date of issuance of the patent or grant, nor shall they become
liable to the satisfaction of any debt contracted prior to the expiration of said period,
except in favor of the Government.
▪ Therefore, the original grantee of a homestead/free patent is deprived for a period of
5 years of his freedom of disposition and is precluded from disposing his rights even
prior to his obtaining the free patent. The purpose being to keep and preserve for him
or his family the land given to him gratuitously by the State. Nevertheless, the
improvements or crops of the land may be mortgaged or pledged to qualified persons,
associations, or corporations.
o There was no previous approval of the Secretary of Agriculture and Natural Resources.
▪ The state is possessed of the plenary power as the persona in law to determine who
shall be the favored recipients of public lands, as well as under what terms they may
be granted such privilege, not excluding the placing of obstacles in the way of their
exercising what otherwise would be ordinary acts of ownership.
▪ The fullness of the power of the state as to how public lands may be acquired and under
what conditions, as well as the restrictions imposed on original applicants, who could
thus legally be prevented from being victimized as a result of improvidence or even
poor judgment, by requiring such approval.
Dispositive • SC denied the petition.

Page 5 of 56