G.R. No. 78687.

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Republic of the Philippines

SECOND DIVISION

G.R. No. 78687 January 31, 1989

ELENA SALENILLAS AND BERNARDINO SALENILLAS, petitioners,

Jose L. Lapak for petitioners.

Jose T. Atienza for private respondent.

SARMIENTO, J.:

This petition for review on certiorari which seeks the reversal and setting aside of the decision 1 of the Court of
Appeals 2 dismissing the petition for certiorari against Judge Raymundo Seva of the Regional Trial Court of
Camarines Norte and the private respondent, William Guerra, involves a pure question of law i.e., the coverage and
application of Section 119 of Commonwealth Act No. 141, as amended, known otherwise as the Public Land Act.

The facts are undisputed.

The property subject matter of the case was formerly covered by Original Certificate of Title No. P-1248, issued by
virtue of Free Patent Application No. 192765, in favor of the spouses, Florencia H. de Enciso and Miguel Enciso.
The said original certificate of title was inscribed in the Registration Book for the Province of Camarines Norte on
December 10, 1961. On February 28, 1970, the patentees, the Enciso spouses, by an Absolute Deed of Sale, sold
the property in favor of the petitioners, the spouses Elena Salenillas and Bernardino Salenillas for a consideration of
P900.00. Petitioner Elena Salenillas is a daughter of the Encisos. As a result of the aforementioned sale, Transfer
Certificate of Title No. T-8104 of the Register of Deeds of Camarines Norte was issued in the name of the Salenillas,
cancelling Original Certificate of Title No. P-1248. On June 30, 1971, the petitioners mortgaged the property now
covered by T.C.T. No. T-8104 with the Rural Bank of Daet, Inc. The mortgage was subsequently released on
November 22, 1973 after the petitioners paid the amount of P1,000.00. Later, or on December 4, 1975, the
petitioners again mortgaged the property, this time in favor of the Philippine National Bank Branch, Daet, Camarines
Norte as security for a loan of P2,500.00.

For failure of the petitioners to pay their loan, extrajudicial foreclosure proceeding, pursuant to Act No. 3135, was
instituted by the Philippine National Bank against the mortgage and the property was sold at a public auction held on
February 27, 1981. The private respondent, William Guerra, emerged as the highest bidder in the said public
auction and as a result thereof a "Certificate of Sale" was issued to him by the Ex Officio Provincial Sheriff of
Camarines Norte. Ultimately, on July 12, 1983, a "Sheriff's Final Deed" was executed in favor of the private
respondent.

On August 17,1983, the Philippine National Bank filed with the Regional Trial Court of Camarines Norte at Daet, a
motion for a writ of possession. The public respondent, Judge Raymundo Seva of the trial court, acting on the
motion, issued on September 22, 1983 an order for the issuance of a writ of possession in favor of the private
respondent. When the deputy sheriff of Camarines Norte however, attempted on November 17, 1983, to place the
property in the possession of the private respondent, the petitioners refused to vacate and surrender the possession
of the same and instead offered to repurchase it under Section 119 of the Public Land Act. On August 15, 1984,
another motion, this time for the issuance of an alias writ of possession was filed by the private respondent with the
trial court. The petitioners, on August 31, 1984, opposed the private respondents' motion and instead made a formal
offer to repurchase the property. Notwithstanding the petitioners' opposition and formal offer, the trial court judge on
October 12, 1984 issued the alias writ of possession prayed for the private respondent. The petitioners moved for a
reconsideration of the order but their motion was denied.

Undeterred by their initial setback, the petitioners elevated the case to the respondent Court of Appeals by way of a
petition for certiorari claiming that the respondent trial court judge acted with grave abuse of discretion in issuing the
order dated October 12, 1984 granting the writ of possession, and the order dated October 22, 1984, denying their
motion for reconsider consideration.
In a resolution dated January 23, 1985, the respondent appellate court gave due course to the petition; required the
parties to submit simultaneous memoranda in support to their respective positions; and restrained the trial court and
the private respondent from executing, implementing or otherwise giving effect to the assailed writ of possession
until further orders from the court. 3 However, in a decision promulgated on September 17, 1986, the respondent
Court of Appeals dismissed the case for lack of merit. According to the appellate court:

It must be noted that when the original owner, Florencia H. Enciso whose title, OCT No. P-1248, was
issued on August 9, 1961, executed a deed of absolute sale on February 28, 1970 of the property
covered by said title to spouses Elena Salenillas and Bernardino Salenillas, the five year period to
repurchase the property provided for in Section 119 of Commonwealth Act No. 141 as amended could
have already started. Prom this fact alone, the petition should have been dismissed. However, granting
that the transfer from parent to child for a nominal sum may not be the "conveyance" contemplated by
the law. We will rule on the issue raised by the petitioners. 4

xxx xxx xxx

Applying the case of Monge, et al. vs. Angeles, et al., 5 the appellate court went on to hold that the five-year period
of the petitioners to repurchase under Section 119 of the Public Land Act had already prescribed. The point of
reckoning, ruled the respondent court in consonance with Monge is from the date the petitioners mortgaged the
property on December 4, 1973. Thus, when the petitioners made their formal offer to repurchase on August 31,
1984, the period had clearly expired.

In an effort to still overturn the decision, the petitioners moved for reconsideration. Their motion apparently went for
naught because on May 7, 1987, the respondent appellate court resolved to deny the same. Hence, this petition.

Before us, the petitioners maintain that contrary to the rulings of the courts below, their right to repurchase within five
years under Section 119 of the Public Land Act has not yet prescribed. To support their contention, the petitioners
cite the cases of Paras vs. Court of Appeals 6 and Manuel vs. Philippine National Bank, et al. 7

On the other side, the private respondent, in support of the appellate court's decision, states that the sale of the
contested property by the patentees to the petitioners disqualified the latter from being legal heirs vis-a-vis the said
property. As such, they (the petitioners) no longer enjoy the right granted to heirs under the provisions of Section
119 of the Public Land Act. 8

In fine, what need be determined and resolved here are: whether or not the petitioners have the right to repurchase
the contested property under Section 119 of the Public Land Act; and assuming the answer to the question is in the
affirmative, whether or not their right to repurchase had already prescribed.

We rule for the petitioners. They are granted by the law the right to repurchase their property and their right to do so
subsists.

Section 119 of the Public Land Act, as amended, provides in full:

Sec. 119. 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.

From the foregoing legal provision, it is explicit that only three classes of persons are bestowed the right to
repurchase — the applicant-patentee, his widow, or other legal heirs. Consequently, the contention of the private
respondent sustained by the respondent appellate court that the petitioners do not belong to any of those classes of
repurchasers because they acquired the property not through inheritance but by sale, has no legal basis. The
petitioners-spouses are the daughter and son-in-law of the Encisos, patentees of the contested property. At the very
least, petitioner Elena Salenillas, being a child of the Encisos, is a "legal heir" of the latter. As such, and even on this
score alone, she may therefore validly repurchase. This must be so because Section 119 of the Public Land Act, in
speaking of "legal heirs," makes no distinction. Ubi lex non distinguit nec nos distinguere debemos.

Moreover, to indorse the distinction made by the private respondent and the appellate court would be to contravene
the very purpose of Section 119 of the Public Land Act which is to give the homesteader or patentee every chance
to preserve for himself and his family the land that the State had gratuitously given him as a reward for his labor in
clearing and cultivating it. 9 Considering that petitioner Salenillas is a daughter of the spouses Florencia H. Enciso
and Miguel Enciso, there is no gainsaying that allowing her (Elena) and her husband to repurchase the property
would be more in keeping with the spirit of the law. We have time and again said that between two statutory
interpretations, that which better serves the purpose of the law should prevail.

Guided by the same purpose of the law, and proceeding to the other issue here raised, we rule that the five-year
period for the petitioners to repurchase their property had not yet prescribed.

The case of Monge et al. vs. Angeles, et al., 10 cited as authority by the respondent Court of Appeals is inapplicable
to the present controversy. The facts obtaining there are substantially different from those in this case. In Monge the
conveyance involved was a pacto de retro sale and not a foreclosure sale. More importantly, the question raised
there was whether the five-year period provided for in Section 119 "should be counted from the date of the sale even
if the same is with an option to repurchase or from the date the ownership of the land has become consolidated in
favor of the purchaser because of the homesteader's failure to redeem it. 11 It is therefore understandable why the
Court ruled there as it did. A sale on pacto de retro immediately vests title, ownership, and, generally possession
over the property on the vendee a retro, subject only to the right of the vendor a retro to repurchase within the
stipulated period. It is an absolute sale with a resolutory condition.
The cases 12 pointed to by the petitioner in support of their position, on the other hand, present facts that are quite
identical to those in the case at bar. Both cases involved properties the titles over which were obtained either
through homestead or free patent. These properties were mortgaged to a bank as collateral for loans, and, upon
failure of the owners to pay their indebtedness, the mortgages were foreclosed. In both instances, the Court ruled
that the five-year period to. repurchase a homestead sold at public auction or foreclosure sale under Act 3135
begins on the day after the expiration of the period of redemption when the deed of absolute sale is executed
thereby formally transferring the property to the purchaser, and not otherwise. Taking into account that the mortgage
was foreclosed and the mortgaged property sold at a public auction to the private respondent on February 27, 1981,
with the "Sheriff's Final Deed" issued on July 12, 1983, the two offers of the petitioners to repurchase the first on
November 17, 1983, and the second, formally, on August 31, 1984 were both made within the prescribed five-year
period.

Now, as regards the redemption price, applying Sec. 30 of Rule 39 of the Revised Rules of Court, the petitioners
should reimburse the private respondent the amount of the purchase price at the public auction plus interest at the
rate of one per centum per month up to November 17, 1983, together with the amounts of assessments and taxes
on the property that the private respondent might have paid after purchase and interest on the last named amount at
the same rate as that on the purchase price. 13

WHEREFORE, the petition is GRANTED. The Decision dated September 17, 1986, and the Resolution dated May
7, 1987 of the Court of Appeals, and the Orders dated September 22, 1983, October 12, 1984, and October 22,
1984 of the Regional Trial Court of Daet, Camarines Norte, are hereby REVERSED and SET ASIDE, and another
one ENTERED directing the private respondent to reconvey the subject property and to execute the corresponding
deed of reconveyance therefor in favor of the petitioners upon the return to him by the latter of the purchase price
and the amounts, if any, of assessments or taxes he paid plus interest of one (1%) per centum per month on both
amounts up to November 17, 1983.

No costs.

SO ORDERED.

Melencio-Herrera (Chairperson), Paras, Padilla and Regalado, JJ., concur.

Footnotes