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De Gallego v. Land Authority
De Gallego v. Land Authority
*
No. L-26848. August 17, 1981.
________________
* FIRST DIVISION
599
Public Lands; Lands Adm. Order No, R-3 dated Oct. 19, 1951,
governing the subsequent sale by private individuals and entities
of lands expropriated and sold by the Government has the force
and ef-fect of law.—As indicated earlier, Sections 16, 17 and 18 of
Lands Administrative Order No. R-3 dated October 19, 1951 are
the sources which gave rise to the annotation of Conditions Nos.
1, 2 and 3 on the title of subject property. The said Order was
published in the Official Gazette of December, 1951, pp. 6075 to
6078, Volume 47, No. 12, and has the force and effect of law.
(Javillonar vs. Land Tenure Administration, G. R. No. 10303,
Aug. 22, 1958, 104 Phil. 323)
Same; Same.—Conditions Nos. 2 and 3, having been imposed
pursuant to an Administrative Order which has the force and
effect of the law, are therefore binding upon any person who
acquires title to the same, it appearing that said conditions are
annotated as encumbrances on the back of the Certificate of Title
of the land. Moreover, the said Conditions are not contrary to law,
morals, customs, or public policy. In fact, these Conditions had
been imposed inorder to implement more effectively the main
purpose of the constitutional provision which is to break up
landed estates into reasonably small portions and to discourage
the concentration of excessive landed wealth in an entity or a few
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600
GUERRERO, J.:
601
602
603
The attention of the court a quo was also called to the fact
that the petitioner who is the wife of former Ambassador
Manuel Gallego, is not a landless individual, nor was she
landless at the time when the said property was acquired
by her, the fact being that the restriction refers only to
voluntary conveyances and did not comprehend sales by
public auction, as in the particular case, where the
petitioner came to own ,the property as the highest bidder
in a foreclosure sale by reason of a mortgage thereon.
Petitioner concludes that accordingly, the restriction
cannot be intrinsically intended to limit the ownership of
this type of property to only the landless where it may be
acquired by a landed owner thru an involuntary sale. .
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ing for the said property has gone beyond the reach of any
individual to acquire for purely residential purposes.
It is likewise claimed that the inhibition in Condition
No. (2) is not entirely absolute because a person who is not
landless may still properly acquire the said property in a
foreclosure of a mortgage thereon, as in the instant case
where petitioner, who is the wife of former Ambassador
Manuel V. Gallego, is not landless and had acquired the
subject property, .not by voluntary conveyance in her favor
but as the highest bidder in the public auction sale thereof
in relation to a foreclosure of a mortgage involving the said
property, which argument assumes that Condition No. (2)
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605
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606
to 6078, Volume 47, No. 12, and has the force and effect of
law. (Javillonar vs. Land Tenure Administration, G. R. No.
10303, Aug. 22, 1958, 104 Phil. 323)
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607
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608
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Orders modified.
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——o0o——
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