20. Free Patent Covering the the Lots

On 10 September 1965, Melvin applied for a free patent covering two lots - Lot A and Lot B - situated in Santiago, Isabela. Upon certification by the Public Land Inspector that Melvin had been in actual, continuous, open, notorious, exclusive and adverse possession of the lots since 1925, the Director of Land approved Melvin's application on 04 June 1967. On 26 December 1967. Original Certificate of Title (OCT) No. P-2277 was issued in the name of Melvin.

On 7 September 1971, Percival filed a protest alleging that Lot B which he had been occupying and cultivating since 1947 was included in the Free Patent issued in the name of Melvin. The Director of Lands ordered the investigation of Percival's protest. The Special Investigator who conducted the Investigation found that Percival had been in actual cultivation of Lot B since 1947.

On 28 November 1986, the Solicitor General filed in behalf of the Republic of the Philippines a complaint for cancellation of the free patent and the OCT issued in the name of Melvin and the reversion of the land to public domain on the ground of fraud and misrepresentation in obtaining the free patent. On the same date. Percival sued Martin for the reconveyance of Lot B.

Melvin filed his answers interposing the sole defense In both cases that the Certificate of Title Issued in his name became incontrovertible and indefeasible upon the lapse of one year from the issuance of the free patent.

Given the circumstances, can the action of the Solicitor General and the case for reconveyance filed by Percival possibly prosper?

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