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Marcelino Lopez, et al. vs. Hon. Court of Appeals, et al./ Noel Rubber and Development Corp, et al.

vs. Jose Esquivel, Jr., et al.,G.R. No. 168734/G.R. No. 170621, April 24, 2009.

HELD:
Public Land Act; encumbrance. Section 118 of the Public Land Act, as amended, prohibits any
encumbrance or alienation of lands acquired under homestead provisions from the date of the
approval of application and for a term of five years from and after the date of issuance of the patent
or grant. The same provision provides that no alienation, transfer, or conveyance of any homestead
after five years and before 25 years after issuance of title shall be valid without the approval of the
Secretary of Agriculture and Natural Resources, which approval shall not be denied except on
constitutional and legal grounds.
A homestead patent is one of the modes to acquire title to public lands suitable for agricultural
purposes. Under the Public Land Act, as amended, a homestead patent is one issued to any citizen
of this country, over the age of 18 years or the head of a family, and who is not the owner of more
than 24 hectares of land in the country. To be qualified, the applicant must show that he has resided
continuously for at least one year in the municipality where the land is situated and must have
cultivated at least one-fifth of the land applied for.
The Court also cannot consider the subject property to have been held in trust by Hermogenes for
and on behalf of Hizon. Settled is the rule that a homestead applicant must personally comply with
the legal requirements for a homestead grant. The homestead applicant himself must possess the
necessary qualifications, cultivate the land, and reside thereon. It would be a circumvention of the
law if an individual were permitted to apply in behalf of another, as the latter may be disqualified or
might not comply with the residency and cultivation requirements.

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