Lasud vs. Lasud 63, O.G.I, p.43 Jan.

2, 1967 Facts: Sigbe Lasud, plaintiff-appellant, and Santay Lasud, defendant-appellee, are brothers and sisters who are co-owners of a parcel of land which they have inherited from their father. The land in question is covered by an Original Certificate of Title issued pursuant to a Homestead Patent which was in their fathers name. Sigbe Lasud sold her interest, right, and participation in said parcel of land including her improvements therein in favor of her brother Santay Lasud and his wife. Upon registration of the sale, the OCT was cancelled and a TCT was issued in Santays name. Thereafter, Sigbe instituted an action to compel her brother to reconvey back to her what she had sold to him. Santay moved to dismiss the action on the ground that it is barred under Art. 1391 of the new Civil Code and also under Art. 1606 of the same code. The court dismissed the action. Plaintiff filed an amended complaint and also prayed for reconsideration, alleging that the land sought to be repurchased was originally acquired as a homestead under the Public Land Act, and that the defendant refused to admit repurchase. The court reconsidered its previous order, however after reconsideration it reaffirmed its previous order in dismissing the case, holding that the case at bar is not a proper case to be brought under the operation of sec. 119 of the Public Land Act, that the right to redeem can apply only to sales outside the family circle, unlike the sale in the case at bar. Hence this appeal. Issue: Can plaintiff-appellant exercise her right of repurchase under the Public Land Act? Held: Where the purchaser against whom the right to repurchase a homestead is asserted by a daughter is a son of the homesteader himself, said defendant is an immediate member of the family of said homesteader and his direct descendant and heir; hence the right to redeem cannot prosper because the redemption does not fall within the purpose and meaning of the provision of the Public Land Action (sec. 119) authorizing redemption in order to keep a homestead within the family of the original homesteader.