Cited Laws
TL;DR — Ruling
WHEREFORE, the decision appealed from is REVERSED and the decision dated September 25, 1989 of the Regional Trial Court of Cauayan, Isabela, Branch XIX is REINSTATED. SO ORDERED.
Accordingly, there was indeed a title awarded such that when the same was brought under operation of Land Registration Act in 1957, it became incontrovertible in 1958. [12] This is not so. Where public land is acquired by an applicant through fraud and misrepresentation, as in the case at bar, the State may institute reversion proceedings even after the lapse of the one-year period. Nor is there merit in the claim of private respondents that the action taken by the Republic in this case is "not in keeping with the policy of State to foster families as the factors of society, to give them a sense. of protection and permanency in their homes." [13] Public policy demands that one who obtains title to a public land through fraud should not be allowed to benefit therefrom. Vicente Carabbacan had been in possession of the land even. before Irene Bullungan bought the possessory rights to the land. It was therefore a misrepresentation for her to state in her application for a free patent that she had been in possession of the lot in question when the fact is that Carabbacan had been there ahead of her. WHEREFORE, the decision appealed from is REVERSED and the decision dated September 25, 1989 of the Regional Trial Court of Cauayan, Isabela, Branch XIX is REINSTATED. SO ORDERED.
by Engr. Josefino Cacatian and was approved on 19 September 1986; Subsequent thereto, a public land subdivision survey, Csd 11-010895-D covering Lot 10038, Cad. 102, a portion of Lot 953 and Lot 968, Csd. 102 was also made by the Geodetic Engineer, Engr. Josefino V. Cacatian in the name of Lualhati
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