Q.

A was granted a homestead patent on April 3, 2009. On April 29, 2011, she sold it to C. Is the sale valid?

A. Yes, because the right to sell is inherent in the right of ownership;
B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006)
C. Yes, anyway, she can repurchase it;
D. Yes, because there is no prohibition at the back of the title.
Answer» B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006)
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