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BASILIA ARAYATA v. FLORENTINO JOYA ET AL.

This case has been cited 3 times or more.

	GR No. 159941 2011-08-17	HEIRS OF SPS. TEOFILO M. RETERTA AND ELISA RETERTA v. SPS. LORENZO MORES AND VIRGINIA LOPEZ BERSAMIN, J.
The petitioners' cause of action for reconveyance has support in jurisprudence bearing upon the manner by which to establish a right in a piece of friar land. According to Arayata v. Joya,[17] in order that a transfer of the rights of a holder of a certificate of sale of friar lands may be legally effective, it is necessary that a formal certificate of transfer be drawn up and submitted to the Chief of the Bureau of Public Lands for his approval and registration. The law authorizes no other way of transferring the rights of a holder of a certificate of sale of friar lands. In other words, where a person considered as a grantee of a piece of friar land transfers his rights thereon, such transfer must conform to certain requirements of the law. Under Director of Lands v. Rizal,[18] the purchaser in the sale of friar lands under Act No. 1120 is already treated by law as the actual owner of the lot purchased even before the payment of the full payment price and before the execution of the final deed of conveyance, subject to the obligation to pay in full the purchase price, the role or position of the Government becoming that of a mere lien holder or mortgagee.[19]
	GR NO. 159124 2005-01-17	MARCELA GONZALES ALMEIDA v. CA CALLEJO, SR., J.
Second. Even assuming, gratia arguendi, that she is really the daughter of the Spouses Gonzales, the petitioner still failed to adduce a morsel of evidence to prove that she inherited Lot 896 upon their death in 1940 and 1942. As gleaned from the appendages of the complaint, Lot 896 was deeded to Nicanor Jacinto by the government on July 10, 1910 under Certificate of Sale No. 722 executed by the Director of the Bureau of Lands. On November 4, 1926, Jacinto executed a Deed of Assignment of Certificate of Sale No. 722, approved by the Director of the Bureau of Lands, in favor of Severino Gonzales and Juana Libertad. The said deed became legally effective upon its filing with the Bureau of Public Lands and the approval thereof by the Director of Lands.[49] Hence, Severino Gonzales became the equitable owner of the property under the deed of assignment,[50] and upon his execution of the Deed of Assignment in favor of Pedro Gonzales and Aleja Gonzales, the latter, likewise, became the equitable owners of the property. When the Spouses Gonzales died in 1940 and 1942, they were no longer the owners/assignees of Lot 896. Hence, the petitioner could not have inherited the said property from her parents. As the Latin adage goes: NEMO DAT QUOD NON HABET.
	GR No. 113095 2000-02-08	ELISEO DELA TORRE v. CA YNARES-SANTIAGO, J.
And in Arayata vs. Joya,[21] this Court warned that "in order that a transfer of the rights of a holder of a certificate of sale of friar lands may be legally effective, it is necessary that a formal certificate of transfer be drawn up and submitted to the Chief of the Bureau of Public Lands for his approval and registration; and that "the law authorizes no other way of transferring the rights of a holder of a certificate of sale of friar lands."