CASE DIGEST: [
G.R. No. L-29421, January 30, 1971 ] LINO ARTATES & MANUELA POJAS,
PLAINTIFF-APPELLANTS, VS. DANIEL URBI, CRISANTO SOLIVEN, ASSISTED BY HIS
GUARDIAN 'AD LITEM', MARCELA B. SOLIVEN, REMIGIO BUTACAN AND NEMESIO
OÑATE, IN THEIR PRIVATE CAPACITIES AND/OR AS EX?OFICIO PROVINCIAL SHERIFF
AND DEPUTY SHERIFF OF CAGAYAN, RESPECTIVELY, AND BIENVENIDO CACATIAN, AS
DEPUTY REGISTER OF DEEDS OF CAGAYAN, DEFENDANTS-APPELLEES.
FACTS: A homestead patent was issued to a married couple (Lino Artates and
Manuela Pojas) Sept. 23, 1952. Because of a crime (physical injuries)
Artates had committed and for which he was found guilty (Mar. 14, 1956), the
homestead was SOLD at a public auction to satisfy Artates’ civil liability. Note
that the sale was made less than four years after the acquisition by the couple
of the land. Now then, under Sec. 118 of the Public Land Law (Com. Act 141),
such homestead, generally cannot be sold, cannot be encumbered, and cannot be
held liable for the satisfaction “of any debt CONTRACTED” prior to the
expiration of the period of fi ve years from and after the date of the issuance
of the patent or grant.
ISSUE: Is the sale valid?
HELD: No, the sale is NOT VALID, for the following reasons:
1. The provision applies both to voluntary sales and involuntary sales such as
in this case, because the purpose of the law is to make the homesteader a
property owner, a contented and useful member of society; and
2. The term “contracted” must be understood to have been used in the term
INCURRED (see Webster’s Dictionary), thus, applicable to both contractual and
extra contractual debts considering the protective policy of the law.
