This case has been cited 2 times or more.
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2007-11-28 |
AUSTRIA-MARTINEZ, J. |
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| Reversion is a proceeding by which the State seeks the return of lands of the public domain or the improvements thereon through the cancellation of private title erroneously or fraudulently issued over it.[32] The one crucial element which sets it apart from all other actions involving possession or title to property is the positive averment in the complaint of state ownership of the property in dispute.[33] | |||||
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2006-10-27 |
CALLEJO, SR., J. |
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| We agree with the ruling of the CA that the Heirs of Juan Sanga had a cause of action against petitioners for quieting of title and nullification of the Free/Sale Patents issued to them by District Lands Officer Braulio C. Darum and the OCTs issued by the Register of Deeds. A cause of action consists of these elements: (1) the existence of a legal right with the plaintiff; (2) a correlative legal duty of the defendant to respect the right of the plaintiff; and (3) an act or omission of the defendant violative of plaintiff's right.[50] In the present case, the spouses Juan Sanga were the owners of the property subject of the complaint below. Petitioners were aware of the claim of ownership of the property by the spouses Juan Sanga because they were the defendants in Civil Case No. B-541 before the RTC and Civil Case No. 170 in the MTC. Despite the pendency of said civil cases, and without the knowledge of Juan Sanga, petitioners were able to secure patents, through actual fraud and trickery, and apparently in connivance with personnel from the Bureau of Lands. The said spouses had a pre-existing right of ownership over the property even before the grant of the patents in favor of petitioners.[51] A free patent which purports to convey land to which the government no longer has title at the time of its issuance does not vest title with the patentee as against the lawful owner. Private property cannot be a subject of a free patent. Such lands are beyond the jurisdiction of the Bureau of Lands. Such patents are null and void and have no legal effects whatsoever. | |||||