Dumelod v. Vilaray
REITERATIONFacts
The Antecedents: Plaintiffs-appellees' predecessor-in-interest was issued a homestead patent on November 15, 1933. The patent was recorded, and a certificate of title was issued on March 21, 1934. The patentee sold the land to the defendant-appellant on November 16, 1938. Procedural History: The Court of First Instance of Nueva Vizcaya sustained the theory that the five-year prohibition period commenced from the date the certificate of title was issued and registered. This ruling was based on the authority of Bundoc vs. Hilario. The Petition: The plaintiffs-appellees appealed the decision of the Court of First Instance.
Issue(s)
Whether the five-year period of prohibition against encumbrance or alienation of lands acquired under free patent or homestead provisions commences from the date of the issuance of the patent or from the date the certificate of title was issued and registered. Whether the sale of the land on November 16, 1938, was within the five-year prohibitory period.
Ruling
The appealed judgment is reversed. The sale of the land is considered valid as it was effected outside the five-year prohibitory period reckoned from the date of the issuance of the patent.
Ratio Decidendi
On whether the five-year period of prohibition against encumbrance or alienation of lands acquired under free patent or homestead provisions commences from the date of the issuance of the patent or from the date the certificate of title was issued and registered: The Court held that the five-year period commences from the date of the issuance of the patent or grant. This interpretation is based on Section 116 of Act No. 2847 as amended by Act No. 3517. The Court cited previous rulings in Register of Deeds of Nueva Ecija vs. Director of Lands and Villacorta vs. Ulanday which affirmed that the starting point of the computation is the date of the certificate of title, but clarified that this refers to the issuance of the patent itself, not its subsequent registration. The Court expressly overruled the decision in Bundoc vs. Hilario which supported the contrary view. The purpose of the law is to protect the patentee from losing the land within five years from the grant, ensuring that the land serves its purpose of providing a home and livelihood. Therefore, the period should be counted from the moment the patentee is vested with the rights to the land, which is upon the issuance of the patent. On whether the sale of the land on November 16, 1938, was within the five-year prohibitory period: The patent was issued on November 15, 1933. The sale occurred on November 16, 1938. Counting from the issuance of the patent, the five-year period expired on November 15, 1938. Therefore, the sale on November 16, 1938, was effected one day after the expiration of the five-year prohibitory period. The registration of the certificate of title on March 21, 1934, is not the reckoning point for the commencement of the five-year period. Thus, the sale was valid.
Main Doctrine
The five-year period of prohibition against encumbrance or alienation of lands acquired under free patent or homestead provisions commences from the date of the issuance of the patent, not from the date of the registration of the certificate of title.