49 Phil 583 | G.R. No. 26374. December 31, 1926.
From 1911 to 1913, Frank Carpenter allegedly obtained sales certificates from the Bureau of Lands for more than 100 lots of the Tala and Piedad Friar Lands including herein lots in Barrio Novaliches, the total area of the land covered by the sales certificates being over 1,490 hectares. Carpenter paid it in installments. CFI Manila levied the property. Sheriff sold the lands to petitioner Jacinto.
The Water District instituted proceedings in the Court of First Instance of Rizal for the condemnation of certain parcels including that of Jacinto. Jacinto demanded the sum of P64,839.33 as indemnity for the exproriation but the Metropolitan Water District considered it excessive and declined to pay. July, 1926, the applicant tendered payment to the Director of Lands of the sum of P4,650 to cover the remaining balance of the sales price of the lots in question and demanded a corresponding deed of conveyance for said lots.
The Director of Lands refused to execute deed of conveyance for the lots.
Jacinto filed the present action.
|Jacinto||Director of Lands|
|Act 1120 entitles him to a conveyance of the land upon payment of the purchase price to the Government.|
Upon payment, the execution of the document of conveyance becomes a ministerial act which the Director of Lands is bound to perform
|Execution of deed to Jacino is useless and improper. Grounds:|
Before payment is made by Jacinto, the land in question had already to all intents and purposes been expropriated and the Metropolitan Water District.
Jacinto admitted the right of the Water District to expropriate
The only thing lacking to complete the condemnation was the appraise of the land
What is the classification of the lands bought by Jacinto? Friar Lands. What are they? Patrimonial or agri lands of private property
- What are they? The so-called Friar Lands, to which the Government of the Philippine Islands holds title, are not public lands but private or patrimonial property of that Government.
- Does the Director of Lands have the duty to execute deeds of conveyance to purchaser of such lands? No. There is no law. on the contrary, that duty, under section 567 of the Administrative Code, appears to devolve upon the Governor-General (President).
Should the deeds of conveyance be executed by the Director of Lands in favor of Jacinto? NO.
The proprietary rights of Jacinto, except the right of occupation, are not affected by the condemnation proceedings.
When will expropriation proceedings pass to the Water District?
Until the title has passed to it and that does not occur until the award of compensation or damages to Jacinto has been satisfied.
Should the Director of Lands receive the purchase money? Yes.
- By section 14 of Act No. 1120 the Director of Lands is, however, charged with the duty of receiving the purchase money payable under that Act and may therefore be compelled by mandamus to receive, as a purely ministerial act, such purchase money when tendered.
- The respondent is, therefore, hereby ordered to receive the balance of the purchase money for any or all of the lots in question if and when payment thereof is tendered by the petitioner.