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Davao Grains Inco.,etal.vs I.A.Court, etal.

DAVAO GRAINS INCORPORATED AND LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION, petitioners, vs. INTERMEDIATE APPELLATE COURT, PROTACIO ESPINA AND MARCIAL ESPINA, respondents.

G.R. No. 78209 | 1989-03-31

D E C I S I O N


GANCAYCO, J.:

There are two main issues in this petition: (1) Does a piece of public land which was applied for as a homestead but was awarded to the applicant in a cadastral proceeding cease to be a homestead?; and (2) Is the vendee who purchased such land covered by a cadastral title bound by the conditions of the purchase of a homestead?

The parcel of land in question is situated in Asuncion, in the province of Davao.

Protacio Espina and Marcial Espina, private respondents herein, entered the said parcel of land after the liberation of the Philippines in 1945. Upon learning that the land was already abandoned,...