This case has been cited 1 times or more.
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2012-10-11 |
PERALTA, J. |
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| The five-year prohibitory period following the issuance of the homestead patent is provided under Section 118 of Commonwealth Act No. 141, as amended by Commonwealth Act No. 456, otherwise known as the Public Land Act.[10] It bears stressing that the law was enacted 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 labour in cleaning and cultivating it.[11] Its basic objective, as the Court had occasion to stress, is to promote public policy that is to provide home and decent living for destitute, aimed at providing a class of independent small landholders which is the bulwark of peace and order.[12] Hence, any act which would have the effect of removing the property subject of the patent from the hands of a grantee will be struck down for being violative of the law.[13] | |||||