SALENILLAS v. HONORABLE COURT OF APPEALS (LEAH) 2.

RTC of Camarines Norte issued motions for writ of possession, which the
31 January 1989 | GR Nr.78687 | SARMIENTO, J. | petitioners opposed.
Adherence to or departure from, language of statute, literal interpretation 3. Petitioners sought for reconsideration, which was later on denied. The Court
of appeals made a similar decision.
PETITIONERS: FAGEL TABIN AGRICULTURAL CORPORATION, 4. On November 17, 1983 and on on August 31, 1984,Petitioners wished to
formerly the DAVAO INDUSTRIAL DEVELOPMENT COMPANY, repurchase the property and maintained that they had the right to do so as
represented by its Manager, ANTONIO FAGEL SR. provided for under Section 119 of the Public Land Act, as amended, which
states that,
RESPONDENTS: 5. Sec. 119. Every conveyance of land acquired under the free patent or
HONORABLE COURT OF APPEALS AND HONORABLE RAYMUNDO homestead provisions, when proper, shall be subject to repurchase by the
SEVA, JUDGE OF BRANCH 38 OF THE REGIONAL TRIAL COURT OF applicant, his widow, or legal heirs within a period of five years from the
CAMARINES NORTE AND WILLIAM GUERRA date of the conveyance.
6. The Respondent state argued that the Petitioners were disqualified from
SUMMARY: being legal heirs of the subject property since petitioners acquired the said
Spouses Florencia and Miguel Enciso were grantees of free patent, they sold property through inheritance but by sale.
their property in favor of their daughter Elena Salenillas and her husband ISSUE:
Bernardino Salenillas though an absolute Deed of Sale. The Salenillas spouses - WoN the petitioners have the right to repurchase the contested property
mortgaged the property with the PNB. Failure to pay their loan, PNB foreclosed under Sec. 119 of the Public Land Act
the property and sold at a public auction pursuant to RA No. 3135 where - WoN the right to repurchase had already prescribed.
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 RULING:
contest that their right to repurchase under Sec. 119 of the Public Land Act has The petition is GRANTED
not yet prescribed
RATIO:
DOCTRINE: - Petitioners have the right to repurchase the contested property under
From the foregoing legal provision, it is explicit that only three classes of Sec. 119 of the Public Land Act
persons are bestowed the right to repurchase - the applicant-patentee, his o Reason behind the law is “to give the homestead/patentee every
widow, or other legal heirs. Consequently, the contention of the private opportunity to work on the land and improve their economic life”
respondent sustained by the respondent appellate court that the petitioners do o Elena Salenillas is the daughter of the grantees… Ubi lex non
not belong to any of those classes of repurchasers because they acquired the distinguit nec nos distinguere debemos
property not through inheritance but by sale, has no legal basis. The petitioners- - Right to repurchase has not yet prescribed under Sec. 119 of the Public
spouses are the daughter and son-in-law of the Encisos, patentees of the Land Act.
contested property. At the very least, petitioner Elena Salenillas, being a child of
the Encisos, is a "legal heir" of the latter. As such, and even on this score alone,
she may therefore validly repurchase. This must be so because Section 119 of
the Public Land Act, in speaking of "legal heirs," makes no distinction. Ubi lex
non distinguit nec nos distinguere debemos.

FACTS:
1. The petitioner Elena Salenillas acquired properties after purchasing them
from her parents, the Enciso spouses. The petitioners mortgaged the
property twice, the latest done on December4, 1975 in favor of the
Philippine National Bank Branch, Daet, Camarines Norte as security for a
loan of P2,500.00. Petitioners failed to pay and so the property was
extrajudicially foreclosed and was then sold in the public auction on
February 27, 1981. A “Sheriff’s Final Deed” was issued on July 12, 1983.