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    Puzon Vs Abellera

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    Ana Loraine
    PD 1271 nullified land titles issued under RA 931 for lands within the Baguio Townsite Reservation. The subject land's title was issued under RA 931 and was reverted to public domain. It was later sold in an auction due to unpaid taxes. The petitioner bought the land but the sale was challenged. The court had to determine whether PD 1271, which incorporated the previous ruling nullifying titles under RA 931, could be applied retroactively. The Supreme Court ruled that PD 1271 could be applied retroactively as one of the exceptions under the Civil Code, since the intent was to validate titles issued before July 31, 1973 if certain conditions were met. However, the validity of these titles would

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    Puzon Vs Abellera

    Uploaded by

    Ana Loraine
    167 views1 page
    PD 1271 nullified land titles issued under RA 931 for lands within the Baguio Townsite Reservation. The subject land's title was issued under RA 931 and was reverted to public domain. It was later sold in an auction due to unpaid taxes. The petitioner bought the land but the sale was challenged. The court had to determine whether PD 1271, which incorporated the previous ruling nullifying titles under RA 931, could be applied retroactively. The Supreme Court ruled that PD 1271 could be applied retroactively as one of the exceptions under the Civil Code, since the intent was to validate titles issued before July 31, 1973 if certain conditions were met. However, the validity of these titles would

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    Puzon vs Abellera

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    PD 1271 nullified land titles issued under RA 931 for lands within the Baguio Townsite Reservation. The subject land's title was issued under RA 931 and was reverted to public domain. It was later sold in an auction due to unpaid taxes. The petitioner bought the land but the sale was challenged. The court had to determine whether PD 1271, which incorporated the previous ruling nullifying titles under RA 931, could be applied retroactively. The Supreme Court ruled that PD 1271 could be applied retroactively as one of the exceptions under the Civil Code, since the intent was to validate titles issued before July 31, 1973 if certain conditions were met. However, the validity of these titles would

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    167 views1 page

    Puzon Vs Abellera

    Uploaded by

    Ana Loraine
    PD 1271 nullified land titles issued under RA 931 for lands within the Baguio Townsite Reservation. The subject land's title was issued under RA 931 and was reverted to public domain. It was later sold in an auction due to unpaid taxes. The petitioner bought the land but the sale was challenged. The court had to determine whether PD 1271, which incorporated the previous ruling nullifying titles under RA 931, could be applied retroactively. The Supreme Court ruled that PD 1271 could be applied retroactively as one of the exceptions under the Civil Code, since the intent was to validate titles issued before July 31, 1973 if certain conditions were met. However, the validity of these titles would

    Copyright:

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    of 1

    Puzon v Abellera Digest

    G.R. No. 75082 July 31, 1989


    Retroactivity
    Facts:
    The oppositor appellee Alejandra Abellera (substituted upon her death by Domondon) was the owner
    of the subject 2-hectare parcel of land situated in Baguio City, a land which was previously part of the
    public domain but was titled pursuant to RA 931. In another case Republic v Pio Marcos, the Supreme
    Court declared that all titles issued under RA 931 are null and void since the said Act was applicable
    only to places covered by cadastral proceedings, and not to the City of Baguio which was covered by
    a townsite reservation.
    This same ruling was subsequently incorporated into a law, P.D. 1271 with the title "An act nullifying
    decrees of registration and certificates of title covering lands within the Baguio Townsite Reservation
    pursuant to RA 931 which took effect on December 22, 1977. PD 1271 considered as valid certain
    titles of lands that are alienable and disposable under certain conditions and for other purposes.
    Hence, the lot in question was reverted to the public domain.
    The subject lots were sold in an auction sale due to the non-payment of taxes.\Petitioner took interest
    and subsequently won the bid. A year after, a certificate of sale was issued. In this connection, the
    petitioner filed a case to consolidate his ownership of the lots. Meanwhile, Domondon found out about
    the auction sale and filed an opposition to the petition for consolidation filed by petitioner. The trial
    court ruled that said auction sale is null and void and that the assessments were illegally made. This
    was affirmed by the Court of Appeals. Hence this petition with petitioner contending that the tax
    assessments were valid and that PD 1271 has a curative effect.
    Issue: Whether or not PD 1271 can be applied retroactively
    YES. Article 4 of the New Civil Code prohibits the retroactive application of laws unless expressly
    provided therein, such rule allows some exceptions and PD 1271 falls under one of the exceptions.
    The intent of PD 1271 is necessarily to make such titles valid from the time they were issued. This
    implies that the intent of the law is to recognize the effects of certain acts of ownership done in good
    faith by persons with Torrens titles issued in their favor before the cut-off date stated, honestly
    believing that they had validly acquired the lands. And such would be possible only by validating all
    the said titles issued before 31 July 1973, effective on their respective dates of issue. However, the
    validity of these titles would not become operative unless and after the conditions stated in PD 1271
    are met.

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