All ▸ Bar 2024 ▸ COMMERCIAL AND TAXATION LAWS ▸ I. CORPORATION LAW (R.A. No. 11232, Revised Corporation Code) ▸ F. Stockholders and Members ▸ 3. Proprietary Rights ▸ c. Pre-Emptive Right - Section 38

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Proprietary Rights: Pre-Emptive Right - Section 38

Roland owns a parcel of land in the province of Cavite. The land is being offered for sale to the public by the government for the purpose of agricultural development. Roland, being an adjacent landowner, claims that he has a pre-emptive right to purchase the land before it is sold to others. The government, on the other hand, argues that the pre-emptive right does not apply in this case because the land is subject to a public bidding process. Roland seeks legal advice to determine the validity of his claim and the applicability of Section 38 of the Public Land Act (Commonwealth Act No. 141).

With the given scenario, discuss the following:

What is a pre-emptive right under Section 38 of the Public Land Act?
Does Roland have a valid claim of pre-emptive right to purchase the land?
Is the government correct in arguing that the pre-emptive right does not apply because the land is subject to public bidding?

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