Vda.

De Delizo vs Delizo (1976) fulfilled the requirements of Act 926 before

conveyances to Delizo.
Facts: Dacquel  less than a year, Antolin  2
 Nicolas Delizo married Rosa Villasfer in 1981. years, Pascua  3 years
She died in 1907.  The 3 did not have legal rights to
 He remarried. The second marriage with transfer to Delizo. What they
Dorotea de Ocampo lasted 46 years (1911- transferred were inchoate rights, not
1957) until Nicolas’ death. ownership rights.
 The act of partition was filed by Nicolas’ two  PRINCIPLE: Deciding factor where
children from his first marriage, and the heirs homestead belongs to  time of
of his other deceased child (also from the first registration NOT when homestead
marriage). patent is issued as registration is the
 Lower court divided the properties in the only time all requirements have been
following way: fulfilled.
a. ½  3 children of first marriage
b. ¼  Dorotea
c. ¼  children of both marriage (divided
in 13 parts)
 CA: Point of contention was Caanawan lands
in Nueva Ecija. Other lands belong to second
marriage
 No proof property owned by second
marriage
 Testimony of Dorotea not persuasive
 Moises Patricio places acquisition
sometime after the revolution: Rosa was still
alive at this time
 LC: conjugal partnership of first marriage
transformed into co-ownership by Nicolas
and his children, thus fruits belong to co-
ownership.
 CA disagrees with LC: HOWEVER, IT WAS
DOROTEA AND NICOLAS WHO CULTIVATED
THE LAND, HENCE THE FRUITS OF THE
LAND SHOULD GO TO THE SECOND
MARRIAGE
 Dorotea elevated case to SC. According to her,
Canaawan properties were not part of first
marriage’s CPG as lands were homesteads.
First marriage had possessory rights, but
second marriage had exclusive right over it as
it was during the second marriage that it was
registered pursuant to Act 926.

Issue:
To which CPG does the Caanawan lands belong to (1st
or 2nd marriage)?

Held:
Property belongs to the CPG of the 2nd marriage as
land was only registered during second marriage.
 Act 926 (Homestead Act): Rights of
homesteader to land does not become
absolute until the following requirements of
law are fulfilled:
a. Person filing application backed by two
credible witnesses has to prove he has
resided and cultivated the land for 5 years
after filing application
b. Person filing has to make affidavit
attesting that the land is not
encumbered/alienated.
 Lands were only distributed by cabecillas in
1905.
 When Dacquel, Antolin, and Pascua conveyed
the land to Nicolas, they could not have