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Avellaneda, Romualdo , et al. Vs. Court of Appeals, et al.

ROMUALDO AVELLANEDA, LEONA BRACERO, PASCUAL AVELLANEDA and PLACIDA MERTO, petitioners, vs. COURT OF APPEALS, MARIA REGADO, DALISAY VILLAMANTO, AMADO VILLAMANTO and NORMA VILLAMANTO, respondents.

G.R. No. L-56744 | 1985-05-31

D E C I S I O N


MELENCIO-HERRERA, J.:

This case involves a patent and certificate of title issued over a homestead after the death of the applicant. The question posed is: who succeeds the applicant when he dies? The applicable provision is Section 105, Commonwealth Act No. 141, which reads:

"SEC. 105. If at any time the applicant or grantee shall die before the issuance of the patent or the final grant of the land, or during the life of the lease, or while the applicant or grantee still has obligations pending towards the Government, in accordance with this Act, he shall be succeeded in his rights and obligations with respect to the...