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Ferrer vs. Mangente

FELIX FERRER, plaintiff-appellee, vs. ABRAHAM MANGENTE, defendant-appellant.

G.R. No. L-36410 | 1973-04-13

D E C I S I O N

FERNANDO, J:

Defendant, Abraham Mangente, could not have been unaware that in raising the issue of whether a son could exercise the right to repurchase a piece of land acquired under a homestead patent, both at the stage of trial and now on appeal, he was running the risk of an adverse decision. The law being what it is, a legal heir, no less than the applicant or his widow, is certainly entitled to do so. 1 He did seek to impart an element of plausibility, not to say novelty, to the question by the allegation that the father in this case was not the original applicant to such homestead but another son who predeceased...