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  • Director's jurisdiction over public land patent

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    Jose Bautista
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    Petitioners filed their oppositions to the said application, alleging ownership and possession for over 50 years. Director of the Bureau of Lands rendered the decision that the petitioners shall remove their improvements from the land and shall vacate the premises thereof. Petitioner appealed to the Secretary of Agriculture and Natural Resources but was also dismissed and accordingly the free patent was issued in favor of and in the name of dela Cruz. Since the land in this case was public land prior to issuance of free patent, the only party who could question that

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    Heirs of Wenceslao

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    Petitioners filed their oppositions to the said application, alleging ownership and possession for over 50 years. Director of the Bureau of Lands rendered the decision that the petitioners shall remove their improvements from the land and shall vacate the premises thereof. Petitioner appealed to the Secretary of Agriculture and Natural Resources but was also dismissed and accordingly the free patent was issued in favor of and in the name of dela Cruz. Since the land in this case was public land prior to issuance of free patent, the only party who could question that

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    8 views1 page

    Director's jurisdiction over public land patent

    Uploaded by

    Jose Bautista
    Petitioners filed their oppositions to the said application, alleging ownership and possession for over 50 years. Director of the Bureau of Lands rendered the decision that the petitioners shall remove their improvements from the land and shall vacate the premises thereof. Petitioner appealed to the Secretary of Agriculture and Natural Resources but was also dismissed and accordingly the free patent was issued in favor of and in the name of dela Cruz. Since the land in this case was public land prior to issuance of free patent, the only party who could question that

    Copyright:

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    of 1

    Facts: Private respondents ABRAHAM DELA CRUZ, applied for a free patent with the Bureau of Lands (now

    Lands Management Bureau) covering lot No. 1430 situated at Lumban, Laguna. Petitioners filed their oppositions to the said application, alleging ownership and possession for over 50 years, and lack of jurisdiction by the Bureau of Lands in as much as the subject property had become private land. In an ocular inspection conducted by the Bureau of Lands in the presence of both parties. It was found out that the Petitioners is neither a survey-claimant nor owner of the land in question. Director of the Bureau of Lands rendered the decision that the petitioners shall remove their improvements from the land and shall vacate the premises thereof. Petitioners filed motion for reconsideration with the contention that they have been in open, continuous, exclusive and notorious possession and occupation of the subject land for a period of more than fifty (50) years and by virtue of this possession, they are the owners of the lot, to the exclusion of dela Cruz. It was later denied. Petitioner appealed to the Secretary of Agriculture and Natural Resources but was also dismissed
    and accordingly the Free Patent and the Original Certificate of Title were issued in favor of and in the name
    of dela Cruz.

    Issue: 1. 2. Held

    Whether or not petitioners have legal personality to institute the action for annulment of the free patent and/or reconveyance. Whether the Director of Lands had jurisdiction to award the free patent to dela Cruz;

    1.

    The petitioner has no legal personality toinstitute the action for free patent. Based from the bulk of the evidence presented in support of their protest to dela Cruz, Tabia is found neither a survey-claimant nor owner of the land in question and. Since the land in this case was public land prior to issuance of free patent, the only party who could question that grant is the government, represented by the solicitor general. The free patent is a grant by the government, acting through the Director of land. Thus, the cancellation thereof is a matter between the grantor and the grantee.

    2.

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