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Maltos vs. Borromeo

ELISEO MALTOS AND ROSITA P. MALTOS, PETITIONERS, VS. HEIRS OF EUSEBIO BORROMEO, RESPONDENTS.

G.R. No. 172720 | 2015-09-14

D E C I S I O N
 
LEONEN, J.:
 
The sale of a parcel of agricultural land covered by a free patent during the five-year prohibitory period under the Public Land Act is void. Reversion of the parcel of land is proper. However, reversion under Section 101 of the Public Land Act is not automatic. The Office of the Solicitor General must first file an action for reversion.

On February 13, 1979, Eusebio Borromeo was issued Free Patent No. 586681 over a piece of agricultural land located in San Francisco, Agusan del Sur, covered by Original Certificate of Title No. P-9053.[1]

On June 15, 1983, well within the five-year prohibitory period,...