EFFECT OF VOID CONVEYANCE
Category: Land Titles And Deeds
EFFECT OF VOID CONVEYANCE
> Where the parties to a sale of a portion of the public domain covered by homestead patent have been proven to be guilty of having effected the transaction with knowledge of the cause of its invalidity, the sale is null and void and shall cause the reversion of the property to the State
RULE OF PARI DELICTO NOT APPLICABLE
> The principle of in pari delicto is not applicable to cases when its application would run counter to the an avowed public fundamental policy or to public interest
> Whether as a result of the void sale the land reverted to the State is a point between the State and the grantee of the homestead and his heirs. In any event, the plaintiff’s right to the possession and use of the property can hardly be disputed while the government doesn’t take steps to assert its title to the
homestead.
> Reversion isn’t automatic. As long as the government has not chosen to act, the rights of the patentee stand and must be recognized in the courts of law.
Newer Philippine Law Resources:
- ONLY AGRICULTURAL LANDS ARE SUBJECT TO THE AGRARIAN REFORM COVERAGE -
- SCOPE OF THE COMPREHENSIVE AGRARIAN REFORM LAW OR REPUBLIC ACT 6657 -
- PD 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING -
- RA 6657 OR COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 -
- AGRARIAN REFORM PROVISION IN THE 1987 CONSTITUTION -
Additional Law Reading:
- REPURCHASE OF LAND BY APPLICANT OR HIS HEIRS -
- PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS -
- JURISDICTION OVER POSSESSORY ACTIONS INVOLVING PUBLIC LANDS -
- INITIATION OF ACTION FOR CANCELLATION OF TITLE AND REVERSION -
- DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS -
Popular in BATASnatin:
EFFECT OF VOID CONVEYANCE
Category: Land Titles And Deeds
EFFECT OF VOID CONVEYANCE
> Where the parties to a sale of a portion of the public domain covered by homestead patent have been proven to be guilty of having effected the transaction with knowledge of the cause of its invalidity, the sale is null and void and shall cause the reversion of the property to the State
RULE OF PARI DELICTO NOT APPLICABLE
> The principle of in pari delicto is not applicable to cases when its application would run counter to the an avowed public fundamental policy or to public interest
> Whether as a result of the void sale the land reverted to the State is a point between the State and the grantee of the homestead and his heirs. In any event, the plaintiff’s right to the possession and use of the property can hardly be disputed while the government doesn’t take steps to assert its title to the
homestead.
> Reversion isn’t automatic. As long as the government has not chosen to act, the rights of the patentee stand and must be recognized in the courts of law.
Newer Philippine Law Resources:
- ONLY AGRICULTURAL LANDS ARE SUBJECT TO THE AGRARIAN REFORM COVERAGE -
- SCOPE OF THE COMPREHENSIVE AGRARIAN REFORM LAW OR REPUBLIC ACT 6657 -
- PD 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING -
- RA 6657 OR COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 -
- AGRARIAN REFORM PROVISION IN THE 1987 CONSTITUTION -
Additional Law Reading:
- REPURCHASE OF LAND BY APPLICANT OR HIS HEIRS -
- PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS -
- JURISDICTION OVER POSSESSORY ACTIONS INVOLVING PUBLIC LANDS -
- INITIATION OF ACTION FOR CANCELLATION OF TITLE AND REVERSION -
- DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS -
Popular in BATASnatin:
BATASnatin The Firm
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