Aniano David acquired lawful title of piece of land, pursuant to his
miscellaneous sales application. After approval of his application, the Director of Lands issued an order of award and issuance of sales patent, covering said lot by virtue of which the Undersecretary of Agriculture and Natural Resources issued a Miscellaneous Sales Patent. The Register of Deeds then issued an original certificate of title to David.
Petioners, during the said application did not oppose or file any adverse claim.
Issue: WON Petitioners may question the government grant
Held:
No.
Only the Government, represented by the Director of Lands, or the
Secretary of Agriculture and Natural Resources, can bring an action to cancel a void certificate of title issued pursuant to a void patent. The legality of the grant is a question between the grantee and the government. Private parties like the plaintiffs cannot claim that the patent and title issued for the land involved are void since they are not the registered owners thereof nor had they been declared as owners in the cadastral proceedings of Naga Cadastre after claiming it as their private property. There was no evidence that the property in question was ever acquired by the applicants or their ancestors either by composition title from the Spanish Government or by possessory information title or by any other means for the acquisition of public lands, the property must be held to be public domain. For it is a well-settled rule that no public land can be acquired by private persons without any grant, express or implied, from the government.
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