Scribd Logo
Fazer o upload

Bem-vindo(a) ao Scribd!

  • Heirs of Enrique Zambales vs. CA

    Enviado por

    ArifKadatuan
    361 visualizações1 página
    The Zambales spouses were awarded a homestead patent in 1955. In 1959, they entered into a compromise agreement to sell the land due to a mining corporation damaging the land. The land was eventually sold in 1964 to Joaquin Preysler. Nine years later, the Zambales wanted to annul the sale. The Court of Appeals upheld the sale but the Supreme Court reversed, finding the sale violated the Public Land Act because it occurred within the 5-year period homesteaders must occupy the land before it can be sold. The Supreme Court found the sale was void even if consummated after the 5 years.

    Descrição original:

    Título original

    3. Heirs of Enrique Zambales vs. CA.docx

    Direitos autorais

    © © All Rights Reserved

    Formatos disponíveis

    DOCX, PDF, TXT ou leia online no Scribd

    Você considera este documento útil?

    Este conteúdo é inapropriado?

    Denunciar este documento
    The Zambales spouses were awarded a homestead patent in 1955. In 1959, they entered into a compromise agreement to sell the land due to a mining corporation damaging the land. The land was eventually sold in 1964 to Joaquin Preysler. Nine years later, the Zambales wanted to annul the sale. The Court of Appeals upheld the sale but the Supreme Court reversed, finding the sale violated the Public Land Act because it occurred within the 5-year period homesteaders must occupy the land before it can be sold. The Supreme Court found the sale was void even if consummated after the 5 years.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    361 visualizações1 página

    Heirs of Enrique Zambales vs. CA

    Enviado por

    ArifKadatuan
    The Zambales spouses were awarded a homestead patent in 1955. In 1959, they entered into a compromise agreement to sell the land due to a mining corporation damaging the land. The land was eventually sold in 1964 to Joaquin Preysler. Nine years later, the Zambales wanted to annul the sale. The Court of Appeals upheld the sale but the Supreme Court reversed, finding the sale violated the Public Land Act because it occurred within the 5-year period homesteaders must occupy the land before it can be sold. The Supreme Court found the sale was void even if consummated after the 5 years.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 1

    Heirs of Enrique Zambales vs.

    CA
    120 SCRA 897

    Facts:

    The Zambales spouses were the homestead patentees of a parcel of land. They claim that Nin Bay
    Mining Corporation had removed silica sand from their land and destroyed the plants and other
    improvements, so they initiated a claim for damages. The Corporation denied. Both parties entered
    into a compromise agreement substantially to sell the homestead patent. It was eventually sold

    to Joaquin Preysler saying that the 5-year period has already prescribed. Nine years after
    the sale, the Zambales wanted to annul the deed of sale. The lower court ruled in their
    favor. CA reversed.

    Issue:

    Whether or not the contract of sale is valid.

    Held:

    No. There has been a violation of the Public Land Act. The land was awarded to the
    Zambaleses on September 6, 1955. The Compromise Agreement was executed on
    October 29, 1959. The sale of a homestead lot within the 5-year prohibitory period is illegal
    and void. The law does not distinguish between executory or consummated sale. It was a
    violation although the executed sale was deferred until after the expiration of the 5-year
    prohibitory period.

    Você também pode gostar