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G.R. No. L-29421 January 30, 1971 LINO ARTATES and MANUELA POJAS, plaintiffs-appellants, vs.

DANIEL URBI, CRISANTO SOLIVEN, assisted by his Guardian 'ad litem,' MARCELA B. SOLIVEN, REMEGIO BUTACAN and NEMESIO OATE, 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 plaintiffs Lino Artates and Manuela Pojas on September 23, 1952. A public sale of the said homestead was conducted by the Provincial Sheriff of Cagayan on 2 June 1962. It was made to satisfy a judgment against Lino Artates in the amount of P1,476.35, and awarded to Daniel Urbi by the Justice of the Peace Court of Camilaniugan, Cagayan. Defendant Urbi previously filed a civil case of physical injuries against plaintiff Artates, dated October 21, 1955. In the execution sale, the property was sold to the judgment creditor, the only bidder, for P1,476.35. In their complaint, the plaintiffs alleged that the sale of the homestead is a violation of the provision of the Public Land law exempting said property from execution for any debt contracted within five years from the date of the issuance of the patent; that defendant Urbi, with the intention of defrauding the plaintiffs, executed on 26 June 1961 a deed for the sale of the same parcel of land to defendant Crisanto Soliven, a minor, supposedly for the sum of P2,676.35; that as a result of the aforementioned transactions, defendants Urbi and Soliven entered into the possession of the land and deprived plaintiffs of the owners' share in the rice crops harvested during the agricultural year 1961-1962. ISSUE: Whether the the decision of the Court of First Instance of Cagayan involving the public sale of a homestead to satisfy a civil judgment against the grantee is vaild HELD: The execution sale conducted was considered NULL and VOID. The judgment rendered was in violation of Section 118 of the Public Land law (Commonwealth Act 141). Section 118 of the Public Land law (Commonwealth Act 141) provides as follows: SEC. 118. Except in favor of the Government or any of its branches, units, or institution, or legally constituted banking corporations, lands acquired under free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period, but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations or corporations.

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