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Francisca Madarcos, etal vs E.S.De La Merced, etal.

FRANCISCA MADARCOS and TELESFORO CATAIN, petitioners, vs. HON. EUFROCINIO S. DE LA MERCED, Palawan Court of First Instance Judge, Branch I and LORETO STA. MARIA, respondents.

G.R. No. 39975 | 1989-06-30

D E C I S I O N


FERNAN, J.:

At issue in this petition for review on certiorari is the proper construction of the term "legal heirs" as used in section 119 of the Public Land Act which provides:

"Every conveyance of land acquired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of the conveyance."

The facts are as follows: Petitioners Francisca Madarcos and Telesforo Catain are the niece and nephew respectively of the spouses Benito Catain and Andrea Madarcos. Francisca is the daughter of the deceased...