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Pedro Lee Hong Hok, et al v Aniano David

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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