AIM OF HOMESTEAD PATENT: Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home

e and cultivation

As a matter of public policy, may be repurchased even if after 5 years provided not for profit Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose RESTRICTIONS: 1. Cannot be alienated within 5 years after approval of application for patent

2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application 3. Subject to repurchase of heirs within 5 years after alienation when allowed already 4. No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources EXCEPTIONS: 1. 2. Action for partition because it is not a conveyance Alienations or encumbrances made in favor of the government

ERRED HOMESTEADER NOT BARRED BY PARI DELICTO Pari delicto rule does not apply in void contract Violation of prohibition results in void contract Action to recover does not prescribe If he dies, succeeded by heirs in the application

HOMESTEADER

DOCTRINE OF NON-COLLATERAL ATTACK OF ECREE OR TITLE , A decree of registration and registered title cannot be i mpugned, enlarged, altered modified, or diminished either in collateral or direct proceeding after the lapse of the 1-year period prescribed by the law

PROOF OF PRIVATE OWNERSHIP: STOP 1. Spanish title (inadmissible and ineffective proof of ownership in land registration proceedings filed after Aug. 16, 1976) 2. Tax declarations and tax payments (not conclusive evidence of ownership, must be coupled with proof of actual possession for the period required by law) 3.Other kinds of proof (ex. testimonial evidence to prove accretion, deeds of sale) 4. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title in favor of the grantee, a law ceding full ownership to a government institution) Santiago v. SBMA, GR No. 156888, November

CANCELLATION SUITS Where 2 certificates are issued to different persons covering the same land, the title earlier in date must prevail, unless procured by fraud or is jurisdictionally flawed The later title should be declared null and void and ordered cancelled It is the aggrieved party that institutes the action In case of non-registered land, must be filed by the OSG for cancellation of title or reversion to State Voiding or cancellation of OCT does not affect derivative TCTs if their holders not given opportunity to be heard and defend their title Feliciano v. Spouses Zaldivar, GR No. 162593. September 26, 2006