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Arsenal et al. vs. Intermediate Appellate Court et al.

FRANCISCA ARSENAL and REMEDIO ARSENAL, petitioners, vs. THE INTERMEDIATE APPELLATE COURT, HEIRS OF TORCUATO SURALTA, and SPOUSES FILOMENO PALAOS and MAHINA LAGWAS, respondents.

G.R. No. L-66696 | 1986-07-14

D E C I S I O N


GUTIERREZ, JR., J:

The question to be resolved in this case is who among the two alleged purchasers of a four-hectare portion of land granted in homestead has acquired a valid title thereto.

The facts as stated by the trial court are:

"On January 7, 1954, the defendant Filomeno Palaos secured OCT No. P-290 (Exh. A) from the Register of Deeds of Bukidnon for Lot 81, Pls-112, consisting of 87,829 sq. m. more or less, situated at former barrio of Kitaotao now a municipality of Bukidnon, by virtue of Homestead Patent No. V-23602 granted to him.

"On September 10, 1957, said Filomeno Palaos and his wife Mahina Lagwas...