Back

Juan Sala vs. Court of First Instance of Negros Oriental [Branch V], et al.

JUAN SALA, petitioner, vs. COURT OF FIRST INSTANCE OF NEGROS ORIENTAL (Branch V), HON. ALEJANDRO BONCAROS, Presiding Judge, and CRISPIN SALVERON, respondents.

G.R. No. L-47281 | 1990-04-27

D E C I S I O N


MEDIALDEA, J.:

The issue in this petition is whether or not a judgment creditor who bought at a public auction, a land covered by a free patent, can recover possession thereof from another buyer to whom the same was conveyed by the grantee and judgment debtor, in violation of Section 118 of CA 141, as amended.

On April 15, 1967, Daniel Junco was granted by the President of the Philippines homestead patent no. 255492 over a parcel of land known as lot numbers 4 and 5, Psu-117884 of the cadastral survey of Basay, Negros Oriental, with a total area of 72,941 square meters.

Without knowing said issuance, he conveyed by way...