ELENA SALENILLAS and BERNARDINO SALENILLAS

vs. HON. COURT OF APPEALS and HON. RAYMUND SEVA, JUDGE OF BRANCH 38 OF THE RTC OF
CAMARINES NORTE and WILLIAM GUERRA

G.R. No. 78687

January 31, 1989

FACTS:
Spouses Florencia and Miguel Enciso were grantees of free patent, they sold their property in
favor of their daughter Elena Salenillas and her husband Bernardino Salenillas though an
absolute Deed of Sale
The Salenillas spouses mortgaged the property with the PNB
Failure to pay their loan, PNB foreclosed the property and sold at a public auction pursuant to
RA No. 3135 where William Guerra won as highest bidder
A writ of possession was later issued but the Salenillas spouses refused to vacate and surrender
the property
Petitioners contest that their right to repurchase under Sec. 119 of the Public Land Act has not
yet prescribed

LAW/S:
RA 3135 (EXTRAJUDICIAL FORECLOSURE)
Right to repurchase within 1 year from date of conveyance
SEC. 119 OF THE PUBLIC LAND ACT
Every conveyance of land acquired under the free patent or homestead provisions,
when proper shall be subject to the repurchase by the applicant, his widow, or legal
heirs within a period of 5 years from the date of conveyance

ISSUE/S:
Whether or not the petitioners have the right to repurchase the contested property under Sec.
119 of the Public Land Act
Whether or not the right to repurchase had already prescribed.

RULING:
Petitioners have the right to repurchase the contested property under Sec. 119 of the Public
Land Act
Reason behind the law is to give the homestead/patentee every opportunity to work
on the land and improve their economic life
Elena Salenillas is the daughter of the grantees Ubi lex non distinguit nec nos
distinguere debemos
Right to repurchase has not yet prescribed under Sec. 119 of the Public Land Act.

NOTES:
STAT CON PRINCIPLE: Between two statutory interpretations, that which betters serves the
purpose of the law should prevail
Applying Sec. 30 of Rule 39 of the Revised Rules of Court, Guerra should be reimbursed the
amount of the purchase price at the public auction + interest amounts of assessments and
taxes on property that he mightve paid after purchase + interest