AUREA CRISANTO, ISABELO CRISANTO, ALEJANDRA CRISANTO, JOSEFINA CRISANTO, MODESTO CRISANTO, TERESA CRISANTO AND PASTORA GARCIA, PLAINTIFFS AND APPELLANTS, VS. ANTONIO TAJON, MARI…

This is an appeal from a judgment annulling the sale of a parcel of
land described in the third amended complaint made on 18 September 1936
by Toribio in favor of Antonio Tajon and another of the same parcel of
land executed on 17 September 1947 by the latter in favor of Manuel
Yasay and Mariano Yasay in so far as one-fourth of one-half or one-eight
undivided share of the parcel of land is concerned: holding the
plaintiffs Josefina Crisanto, Modesto Crisanto, and Teresa Crisanto to
be the lawful owners of one-eight undivided share of the parcel of land
but ordering them to pay to Antonio Tajon one-fourth of what he paid for
the parcel of land or P375, together with lawful interests thereon from
the date of the judgment; Antonio Tajon to pay to Manuel Yasay and
Mariano Yasay one-fourth of what the latter paid to the former for the
parcel of land, or P2,500 together with lawful interests thereon from
the date of the judgment; Manuel Yasay and Mariano Yasay to deliver to
Josefina Crisanto, Modesto Crisanto and Teresa Crisanto one-fourth
undivided share of the parcel of land; and dismissing the complaint of
Pastora Garcia, Aurea Crisanto, Isabelo Crisanto and Alejandra Crisanto,
without costs.

The parties submitted the following stipulation of facts:

1. That they agree on the identity of the parties and also of
   identity of the land in question.

2. That the land in question was covered by the original
   certificate of title No. 341 in the name of the deceased Toribio
   Crisanto, predecessor-in-interest or father of the plaintiffs.

3. That said original certificate of title ahs been issued by
   the Bureau of Lands and signed by the then Governor General of the
   Philippines on the 26th of August 1931, and the same has been recorded
   in the Office of the Register of Deeds of Nueva Vizcaya on the 5th day
   of October 1931.

4. That on September 18, 1936, said Toribio Crisanto sold the
   said property to defendant Antonio Tajon, and the same has been
   registered in the Office of the Register of Deeds on the same date and
   Transfer Certificate of Title No. 1789 was issued in favor of said
   Antonio Tajon.

5. That in turn Antonio Tajon sold to defendants Manuel Yasay and
   Mariano Yasay the said land on Sept. 17, 1947, and that said sale was
   registered on September 9, 1948, and by virtue of it Transfer
   Certificate of Title No. T-1271 was issued in the name of said
   defendants Manuel Yasay and Mariano Yasay.

That all other facts not covered by this agreement shall be the
subject of further evidence on both parties.

The ground or reason for the judgment is that the parcel of
land was applied for and secured as homestead by the late Toribio
Crisanto in his lifetime, being then married to Pastora Garcia; that the
patent was issued on 26 August 1931 and recorded on 5 October 1931 in
the Office of the Registrar of Deeds for the province of Nueva Vizcaya
where the land lies; that the sale of the homestead land made on 18
September 1936 by Toribio Crisanto was null and void because it was
alienated within the term of the prohibition; that the action to annul
the sale of the homestead land brought by Pastora Garcia, the widow of
the late Toribio Crisanto, Aurea, Isabelo and Alejandra surnamed
Crisanto, three children of the deceased, who were of age on 18
September 1936, the date of the accrual of the cause of action was
barred by the statute of limitations, because it was brought on 19
August 1948, or more than ten years after the cause of action had
accrued, but that the action of the other three children of the deceased
Toribio Crisanto named Josefina, Modesto and Teresa born on 25 May
1926, 15 June 1931 and 15 October 1933, respectively, was not barred by
the statute of limitations because they were under age at the time the
right of action accrued.

The law applicable to the case is found in section 116 of Act
No. 2874, as amended by Act No. 3517, which took effect on 29 November
1919 and 4 February 1929, respectively.

The same question was raised and decided on 13 June 1941 by
this Court in the case of Register of Deeds of Nueva Ecija vs. The
Director of Lands, 72 Phil. 313, where it is held that the term of five
years within which lands acquired under the free patent or homestead
provisions cannot be encumbered or alienated is to be counted from the
date of issuance of the patent or grant and not from the date of
registration thereof in the office of the Register of Deeds. The rule
is reiterated in Villacorta vs. Ulanday, 1 Off. Gaz. 870, No. 12,
decided on 24 August 1942. It would serve no useful purpose to restate
the reason for the rule.

The judgment appealed from is reversed; the complaint is
dismissed, without costs.

Paras, C. J., Feria, Pablo, Bengzon, Tuason, Montemayor,
Reyes, Jugo and Labrador, JJ., concur.

Bautista Angelo, J., no part.