Arriete v. Director of Public Works

FACTS:

  Appellant Arriete, as legal guardian on behalf of minor Carmen Jagunap, sought to recover the title and possession of three lots which were sold by the sheriff in a public auction to Appellee, Ledesma (and thereafter sold to Fermin Caram) to satisfy the judgment of a lien for nonpayment of taxes, under the Irrigation Act No. 2152. However, it was found that the delinquent taxpayer was not the owner of said lots, but Carmen Jagunap was.

ISSUE:

W/N Appellee Ledesma has any rights over the lots acquired in good faith under the final deed of sale of the provincial sheriff.

HELD:

  No, she acquired no right at all. Act No. 2152 provided that regarding expropriation of land, the list of lands filed by the Director of Public Lands must be published, and notice should be given to the owners to file answer or appear in the civil case. No such publication or notice was evident in this case. It is not sufficient that they had “actual” knowledge. Statutes in the derogation of rights are construed strictly. This is because people in a republican state like ours enjoy inherent rights guaranteed by the Constitution or protected by law, like the right against undue deprivation of property. Thus, whenever there are statutes authorizing the expropriation of private land or property, these statutes are construed strictly.