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CA
120 SCRA 897
Facts:
The Zambales spouses were the homestead patentees of a parcel of land. They claim that Nin Bay
Mining Corporation had removed silica sand from their land and destroyed the plants and other
improvements, so they initiated a claim for damages. The Corporation denied. Both parties entered
into a compromise agreement substantially to sell the homestead patent. It was eventually sold
to Joaquin Preysler saying that the 5-year period has already prescribed. Nine years after
the sale, the Zambales wanted to annul the deed of sale. The lower court ruled in their
favor. CA reversed.
Issue:
Held:
No. There has been a violation of the Public Land Act. The land was awarded to the
Zambaleses on September 6, 1955. The Compromise Agreement was executed on
October 29, 1959. The sale of a homestead lot within the 5-year prohibitory period is illegal
and void. The law does not distinguish between executory or consummated sale. It was a
violation although the executed sale was deferred until after the expiration of the 5-year
prohibitory period.