8/11/2019 CD - Tac-an vs. CA

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TAC-AN vs. CA

G.R. No. L-38736, May 21, 1984

FACTS:

Eleuterio Acopiado and Maximo Acopiado conveyed a parcel of land to Tac-an through a

document entitled Deed of Quitclaim as payment for legal services. After the execution of thedeed, the Acopiados told Tac-an that they were terminating his services because their wives andparents did not agree that the land be given to pay for his services and that they had hired another

lawyer, a relative, to defend them. But Tac-an continued to represent them. Moreover, Eleuterio

Acopiado sold his share of the land previously conveyed to Tac-an to Jesus Paghasian and PilarLibetario.

On July 2, 1964, Tac-an secured the approval of the Provincial Governor of Zamboanga del

Norte to the Deed of Quitclaim. And on October 7, 1964, he filed a complaint against theAcopiado brothers, Paghasian and Pilar Libetario in CFI of Zamboanga del Norte praying that he

be declared the owner of the land and that the sale made in favor of Paghasian and Libetario be

annulled and he be paid for damages, attorney s fee, etc. The CFI decided in favor of Tac-anwhereupon the Acopiados, et.al appealed to CA. The CA voided the transfer of the land to Tac-

an applying section 145 of the Administrative Code of Mindanao and SuluContracts w/ Non-

Christians Requisites.

On April 12, 1965 while Tac-an suit was pending in the trial court, the Governor of Zamboanga

del Norte, revoked his approval to the deed of quitclaim for the reason of Sec. 145 being the

Acopiados as non-Christians. The petitioner asserts that the revocation of the approval whichhad been given by the Provincial Governor has no legal effect and cannot affect his right to the

land which had already vested.

ISSUE:

Are the requisites in Sec. 145 of the Administrative Code of Mindanao & Sulu still necessary

when it is already repealed by RA 4252?

HELD:

Yes, because when the deed of quitclaim was executed, when the approval by the Provincial

Governor was given and when the approval was revoked, Section 145 of the AdministrativeCode of Mindanao and Sulu were in full force and effect and since they were substantive in

nature, the repealing statute cannot be given retroactive effect. All requisites are still necessary.