G.R. No.

L-30389 December 27, 1972

PEDRO LEE HONG HOK, SIMEON LEE HONG HOK, ROSITA LEE HONG HOK and LEONCIO LEE HONG
HOK, petitioners,
vs.
ANIANO DAVID, THE HON. SECRETARY OF AGRICULTURE AND NATURAL RESOURCES, THE DIRECTOR
OF LANDS and COURT OF APPEALS, respondents.

Facts:
- This case is in relation to a parcel of land to which Respondent obtained legal ownership through his
miscellaneous sales application. The Director of Lands issued an order of award and issuance of
sales patent covering said lot after his application was approved, and the Undersecretary of
Agriculture and Natural Resources granted a Miscellaneous Sales Patent as a result. Respondent
received an original certificate of title from the Register of Deeds. Petitioner did not put any
opposition or make an adverse claim during this time. Petitioner argued that Respondent’s lot is
private property since it was formed the process of accretion.
Issue/s:
- Whether Petitioner may question the Government’s Grant;
Ruling/Held:
- NO. The legality of the grant is a question between the grantee and the government. A void
certificate of title issued according to a void patent can only be canceled by the government,
represented by the Director of Lands or the Secretary of Agriculture and Natural Resources.

Imperium vs. Dominium

The state’s governing authority, which is suitably incorporated in the idea of sovereignty, is
referred to as imperium, as is the state’s ability to own or acquire property under dominium. This
term is acceptable when referring to lands that the state owns in its proprietary character. Except
as otherwise limited by the Constitution, it may prescribe for the exploitation and use of lands
and other natural resources, including their disposition, in this role.

FLORES, RICHARD NEIL J.

JD – 1A