ALVARICO V. SOLA (REMEDIAL)

Even assuming that Sola acquired title tot eh disputed property in bad faith, only the State can institute REVERSION PROCEEDINGS under Sec. 101 of the Public Land Act. Thus:

Sec. 101. All actions for reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Solicitor General or the officer acting in his stead, in the proper courts, in the name of the Republic of the Philippines.

In other words, a private individual may not bring an action for reversion or any action which would have the effect of canceling a free patent and the corresponding certificate of title issued on the basis thereof, suh that the land covered thereby will again form part of the public domain.

Only the Solicitor General of the officer acting in his stead may do so. Since Sola's title originated from a grant by the government, its cancellation is a matter between the grantor and the grantee. Clearly then, Alvarico has no standing at all to question the validity of Sola's title. It follows that he cannot recover the property because to begin with, he has not shown that he is the rightful owner thereof.

Anent Alvarico's contention that it was the intention of Fermina Sola for Amelita Sola to hold the property in trust for him, we held that if this was really the intention of Fermina, then this should have been clearly stated in the Deed of Self-Adjudication executed in 1983, in the Deed of Donation executed in 1984, or in a subsequent instrument. Absent any persuasive proof of that intention in any written instrument, we are not prepared to accept Alvarico's bare allegation concerning the donor's state of mind.