MONTANO V INULAR

Isabelo Montano presents a petition to the Court of Land Registration for the inscription of a piece of land
in the barrio of Libis, municipality of Caloocan, used as a fishery. This petition was opposed by the Solicitor-
General in behalf of the Director of Lands, and by the entity known as Obras Pias de la Sagrada Mitra, the
former on the ground that the land in question belonged to the Government of the United States, and the
latter, that it was the absolute owner of all the dry land along the eastern boundary of the said fishery. The
Court of Land Registration adismissed the said oppositions after a general entry by default, the adjudication
and registration of the property described in the petition, in favor of Isabelo Montano y Marcial. From this
decision only counsel for the Director of Public Lands appealed to this court.

Issue: Whether the lands used as a fishery , for the growth of nipa, and as salt deposits, inland some
distance from the sea, and asserted, though not clearly proved to be overflowed at high tide could be
registered as private property on the strength of ten years' occupation, under paragraph 6 of section 54 of
Act No. 926 of the Phil. Commission.

Held: . The point decided was that such land within the meaning of the Act of Congress of July 1, 1902,
was agricultural, the reasoning leading up to the conclusion being that congress having divided all the
public lands of the Islands into three classes it must be included in one of the three, and being clearly
neither forest nor mineral, it must of necessity fall into two division of agricultural land. In the concurring
opinion, in order to avoid misapprehension on the part of those not familiar with United States land
legislation and a misunderstanding of the reach of the doctrine, it was pointed out that under the decision
of the Supreme Court of the United States the phrase "public lands" is held to be equivalent to "public
domain," and dos not by any means include all lands of Government ownership, but only so much of said
lands as are thrown open to private appropriation and settlement by homestead and other like general laws.
Accordingly, "government land" and "public domain" are not synonymous items; the first includes not only
the second, but also other lands of the Government already reserved or devoted to public use or subject to
private right. In other words, the Government owns real estate which is part of the "public lands" and other
real estate which is not part thereof.

This meaning attached to the phrase "public lands" by Congress in its land legislation is settled by usage
and adjudication beyond a doubt, and without variation. It is therefore doing the utmost violence to all
rules of construction to contend that in this law, dealing with the same subject-matter in connection with
these Islands, a different meaning had, without indication or motive, been imported into the words. They
cannot have one meaning in any other statute and a different and conflicting meaning in this statute. Where
property in general is referred to therein, other and apt phrases are used in order to include it; for instance,
section 12 provides "that all the property and rights which have been acquired in the Phil. Islands by the
United States ... are hereby placed under the control of the Government of the said Islands." Therefore,
there is much real property belonging to the Government which is not affected by statutes for the settlement,
prescription or sale of public lands. Examples in point are properties occupied by public buildings or
devoted to municipal or other governmental uses.

In order to make clear, first, the lands under the ebb and flow of the tide of navigable waters are not in
America understood to be included in the phrase "public lands" in Acts of Congress of United States; nor,
perforce, can they best understood in laws of the Philippine Commission drawn immediately under the
sanction of those Acts; and second, that such lands are under existing Congressional legislation the subject
of private ownership, any occupation therefore be subordinate to the public purpose of navigation and
fishery. Therefore, in the absence of specific Congressional legislation, it is impossible for individuals to
acquire title under the ten years provision of Act No. 926 or even through a definite grants from the local
legislature of lands beneath navigable waters in which the tide ebbs and flows, except for wharf-age or other
purposes auxiliary to navigation or other public uses, unless in conformity with the preexisting local law of
the Archipelago.
ALBA vs. COURT OF APPEALS and JOSE LACHICA

G.R. No. 120066 September 9, 1999

Facts:

Applicant Jose Lachica filed this application for title to land on April 28, 1958 with the claim that the land
applied for was purchased by him and his wife, Adela Raz from one Eulalio Raz. The documents attached
to the application are: technical description, surveyor's certificate, certification by the chief deputy assessor
of Aklan and the blue print of Psu-161277.

The land applied for is residential, situated in the Poblacion of Banga, Aklan, with an area of 4,845 square
meters, bounded on the northeast by the property of the Municipality of Banga

The initial hearing was held on October 31, 1958. An order of general default was issued but those who
presented their opposition, namely, Octabela Alba Vda. De Raz, Manuel and Susana Braulio, Jose Rago,
representing Apolonia Rebeco, the Director of Lands and the Municipality of Banga represented by the
Provincial Fiscal, were given thirty (30) days to file their written opposition.

Manuel C. Braulio and Susana P. Braulio filed their opposition on October 31, 1958. They opposed the
registration of the southeastern portion of the 240 square meters of the land applied for alleging that they
are the owners in fee simple and possessors of said portion and all the improvements thereon for not less
than 70 years together with their predecessor-in-interest deriving their title by purchase from the original
owners.

Jose Rago filed his opposition on November 29, 1958 as the duly constituted attorney-in-fact of Apolonia
Rebeco although no special power of attorney was attached. He alleged that his principal is the owner by
right of succession and is in the possession of said portion with all its improvements for more than 80 years
together with his predecessor-in-interest, continuously, peacefully and openly under claim of ownership.

Rodolfo Alba, Lourdes Alba, represented by their attorney-in-fact, Octabela Alba Vda. de Raz, alleged that
they are the co-owners of a portion of the land applied for with an area of 2,262 square meters bounded on
the north by Januario Masigon, Nicolas Realtor, Agustina Rebeldia and Apolonia Rebeco, on the south by
Eulalio Raz and on the west by the public market of Banga. They claimed to have inherited the above-
mentioned portion from their late father, Eufrosino M. Alba, who purchased the same from Dionisia Regado
in 1918. Hence, they have been in possession continuously, openly and peacefully under claim of ownership
of the above-mentioned portion for not less 70 years.

The trial court finds that Dr. Jose Lachica is the absolute owner in fee simple of the land described in his
application for its original registration in his name. The land contains an area of 4,845 square meters, more
or less, situated in Banga, Aklan, and Bounded on the NE., along line 1-2, by property of Apolonia Rimate;
on the SE., along line 2-3, by National road; on the SW., along line 3-4, by property of the Mpl. Government
of Banga (Public Market); and on the NW., along line 4-1, by property of the Municipal Government of Banga
(Public Market). Beginning at a point marked 1 on plan, being N. 45 deg. 02' E., 423.38 m. from B.L.L.M.
1, Mp. of Banga, Aklan;

thence, S. 33 deg. 46' E., 87.66 m. to point "2"

thence, S. 56 deg. 42' W., 63.81 m. to point "3"

thence, N. 37 deg. 22' W., 59.26 m. to point "4"

thence, N. 33 deg. 42' E., 73.08 m. to the point of

 beginning, . . . All points referred to are indicated on the plan and are
marked on the ground by P.L.S. Cyl. Conc. Mons. Bearings true date of
the survey, January 25, 1957, and that of the approval, October 3, 1957.

The private respondent/applicant requested the Municipal Assessor of Banga to issue a revised tax
declaration covering 4,845 square meters on the bare claim that "the area has been decreased" to only 620
square meters.

Issue:

whether or not the private respondent/applicant is entitled to the confirmation of his ownership in fee
simple for the 4, 845 square meter parcel of land he applied for.

Held:

The trial court and the Court of Appeals confirmed private respondent/applicant's title to the land on the
basis of the findings that: 1.] the private respondent/applicant purchased the land from Faustino Martirez;
2.] the subject land is covered by Tax Declaration No. 14181; 3.] the private respondent/applicant has paid
the realty taxes on the land from 1945 up to the filing of his application in 1958; 4.] the private
respondent/applicant has been in actual, open and continuous possession of the subject land in the
concept of owner since 1945, and 5.] the private respondent/applicant has acquired the land by
prescription.

private respondent that the acquired land in question from three (3) sources, namely: a.] A Deed of Sale
dated August 13, 1941 allegedly executed by Faustino Martirez covering 840 square meters; b] 300 square
meters allegedly purchased from private respondent's father-in-law Eulalio Raz, and c.] 3,725 square meters
private respondent allegedly bought in 1940 from Eugrocino Alba.

In Section 48 of Commonwealth Act 141, as amended by RA Nos. 1942 and 6236, 48 which states that:

Sec. 48. The following-described citizens of the Philippines, occupying lands of the public
domain or claiming to own any such lands or an interest therein, but whose titles have not
been perfected or completed, may apply to the Court of First Instance of the province where
the land is located for confirmation of their claim and issuance of a certificate of title
therefor, under the Land Registration Act, to wit:

(a) Those who prior to the transfer of sovereignty from Spain to the United States have
applied for the purchase, composition or other form of grant of lands of the public domain
under the laws and royal decrees then in force and have instituted and prosecuted the
proceedings in connection therewith, but have with or without default upon their part, or
for any other cause, not received title therefor, if such applicants or grantees and their
heirs have occupied and cultivated said lands continuously since the filing of their
applications. 49

(b) Those who by themselves or through their predecessors in interest have been in open,
continuous, exclusive and notorious possession and occupation of agricultural lands of the
public domain under a bona fide claim of ownership, for at least thirty years immediately
preceding the filing of the application for confirmation of title except when prevented by
war or force majeure. These shall be conclusively presumed to have performed all the
conditions essential to a Government grant and shall be entitled to a certificate of title
under the provisions of this chapter. 50
 (c) Members of the national cultural minorities who by themselves or through their
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation of lands of the public domain suitable to agriculture, whether
disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled
to the rights granted in subsection (b) hereof. 51

A circumspect scrutiny of the assailed Decision readily shows that in the affirming the ruling of the trial
court, the Court of Appeals relied on the provisions of Section 19 of Act 496 52 in relation to the Civil Code's
provision's on prescription on the assumption that the subject land is private land. Therein lies the flaw in
the appellate court's postulate. The application for registration of private respondent is for judicial
confirmation of an imperfect title considering that the land is presumed under the Regalian Doctrine to be
part of the public domain.

Public lands are broadly classified into 1.] Alienable or disposable lands; and, 2.] Inalienable or non-
disposable public lands. Non-disposable public lands or those not susceptible of private appropriation
include a.] Timber lands; and, b.] Mineral lands. 53 For purposes of administration and disposition, the
lands of the public domain classified as "disposable" or "alienable" are further sub-classified into a.]
Agricultural; b.] Residential, commercial, industrial or for similar productive purposes; c.] Educational,
charitable or other similar purposes, and d.] Reservations for town sites and for public and quasi-public
purposes.