Ybanez v.

IAC
Topic: Exception in the indefeasibility of a homestead patent
Facts: Private respondent Valentin Ouano, a claimant-occupant of land situated at Davao del
Norte, containing an area of three (3) hectares, filed on February 27, 1959, a homestead
application with the Bureau of Lands. It was approved in March 3, 1959 by the District Land
Officer and Authority. Three (3) years later, or on September 5, 1962, a "Notice of Intention to
Make Final Proof was made by Valentin Ouano to establish his claim to the lot applied for and to
prove his residence and cultivation before Land Inspector Lorenzo Sazon at the Bureau of Lands.
On the said date, Valentin Ouano made his "Final Proof" before Land Inspector Lorenzo Sazon
pursuant to Section 14, Commonwealth Act No. 141, as amended. An order for the issuance of
patent was issued by the Bureau of Lands the following year. An original certificate of title was
then issued.
But after 19 years of possession, private respondent Valentin Ouano was interrupted in
his peaceful occupation thereof when a certain Arcadio Ybanez and his sons, forcibly and
unlawfully entered the land armed with spears, canes and bolos. He was then dispossessed.
Hence he filed, complaint for recovery of possession, damages and attorney's fees before the then
Court of First Instance (now RTC) of Davao Oriental. Trial court rendered a decision in favor of
the private respondent, ordering Ybanez and his sons to vacate the premises. IAC likewise
affirmed the decision.
Issue: WON failure of private respondents to protest case before the Bureau of Lands, is failure
to exhaust administrative remedies which is tantamount to lack of cause of action.
Held: Petitioner’s contention unmeritorious.
The public land certificate of title issued to private respondent attained the status of
indefeasibility one (1) year after the issuance of patent hence, it is no longer open to review on
the ground of actual fraud. Consequently, the filing of the protest before the Bureau of Lands
against the Homestead Application of private respondent on January 3, 1975, or 12 years after,
can no longer re-open or revise the public land certificate of title on the ground of actual fraud.
No reasonable and plausible excuse has been shown for such an unusual delay. The law serves
those who are vigilant and diligent and not those who sleep when the law requires them to act.