Criminal Case Digest:Estolas vs Mabalot, 381 SCRA 702

Estolas vs Mabalot, 381 SCRA 702
Criminal Case Digest:

Digested Cases

The Facts: 
Sometime in May, 1978, respondent passed on the subject land to the petitioner for the amount of P5,800.00 and P200.00 worth of rice such was only a verbal mortgage; while according to petitioner, a sale had taken place.   According to Atty. Linda Peralta investigation, the subject land was just a guarantee for the payment of a loan incurred. 
“Meanwhile, according to DAR Regional Director Antonio M. Nuesa. In the said Order, the DAR found the act of respondent in surrendering the subject land in favor of petitioner as constituting abandonment.
 “Thus, on May 3, 1989, respondent appealed the case to the DAR Central Office which, on August 28, 1990, issued an Order reversing the assailed Order of DAR Regional Director Antonio M. Nuesa and ordering the petitioner to return the subject land to respondent. Petitioner’s Motion for Reconsideration was denied on June 8, 1992.He filed an Appeal with the Office of the President which was dismissed in a Decision dated August 29, 1994.Petitioner’s Motion for Reconsideration of the said Decision was also denied in an Order dated November 28, 1994.Likewise, petitioner’s second Motion for Reconsideration was denied in an Order dated July 5, 1995.”iv[4]
Issue:   WON, respondent made a valid abandonment of the subject property?
The Court’s Ruling: 

The appellate court ruled that the subject land had been acquired by respondent by virtue of Presidential Decree (PD) No. 27.This law prohibits the transfer of the land except by hereditary succession to the heirs or by other legal modes to the government. Hence, the transfer of the subject land to petitioner is void; it should be returned to respondent.
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