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Victor Castro, Et Al. Vs. Juan Orpiano, Et Al. 090 Phil 491

VICTOR CASTRO, ROSARIO VI?A, CONCEPCION VI?A, PACITA VI?A and CARLOS VI?A, plaintiffs-appellants, vs. JUAN ORPIANO and SEGUNDINA RIVERA, defendants-appellees.

G.R. No. L-4094 | 1951-11-29

D E C I S I O N


TUASON, J.:

This action, here on appeal from the Court of First Instance of Davao, presents the questions as to the legal effects of the sale of a homestead within five years after the patent was issued, and particularly as to the standing of the plaintiffs, brothers and sisters of the sellers, now deceased, in the premises. The cause was submitted upon an agreed statement of facts.

Briefly, it was stipulated that on December 6, 1936, Jose Castro, described as married to Fidela Viña, obtained the above-mentioned patent, which embraces a parcel of public land with an area of 23 hectares. On December 18, 1939,...