VIRTUCIO v. ALEGARBES, G.R. No. 187451, August 29, 2012
FACTS The story begins in 1949 when Jose Alegarbes applied for a homestead over a 24-hectare tract of land in Bañas, Lantawan, Basilan . His application was approved in 1952. But due to a public land subdivision conducted in 1955, the land was split into Lot Nos. 138, 139, and 140 . Lot 138 was retained by Alegarbes, while Lot 139 was allocated to Ulpiano Custodio and Lot 140 to Jesus Virtucio , both of whom filed their own homestead applications. Alegarbes, asserting that his approved application covered the entire area including Lots 139 and 140, opposed the applications of Custodio and Virtucio. But the Director of Lands, in a decision dated October 30, 1961 , denied Alegarbes' protest and amended his application to exclude Lots 139 and 140, giving due course to the applications of Custodio and Virtucio. Unrelenting, Alegarbes appealed to the Secretary of Agriculture and Natural Resources , who dismissed his appeal in 1967 . His persistence led him to the Office of ...