Case Digest (G.R. No. 22828)
Facts:
The Government of the Philippine Islands v. Leoncio Abad et al., G.R. Nos. 22828 and 22829, March 10, 1925, the Supreme Court, Ostrand, J., writing for the Court. The appeals arose from the Court of First Instance of Nueva Ecija concerning numerous lots in cadastral Cases No. 18 (G.L.R.O. Record No. 390) and No. 19 (G.L.R.O. No. 391).
The core dispute was whether the enumerated lots formed part of a tract previously registered in Court of Land Registration case No. 5550 in the name of Marcelino de Santos, being a portion of the hacienda “Esperanza” (situated in Pangasinan and Nueva Ecija) and later held under transfer certificate of title No. 109 by Lucio Ongsiaco, Paz de Santos, Isidoro de Santos, Consuelo de Santos, Jose Mariano de Santos and Felipe de Santos. A large number of persons, claiming adverse possession, opposed inclusion of the lots in the registered tract; the Director of Lands also opposed, contending that a sizeable northeastern portion shown in the cadastral survey was not covered by the decree in case No. 5550 and therefore constituted public land.
The Court of First Instance adjudicated that most of the listed lots in cadastral Case No. 18 and certain lots in Case No. 19 were included in the decree of case No. 5550 and belonged to Lucio Ongsiaco et al. From that portion Juan Aromin et al. appealed (appellants). The trial court also held that a triangular strip along the northeastern boundary of lot No. 2959 lay outside the decree in case No. 5550, declared that strip public land and designated it lot No. 2959‑A; Lucio Ongsiaco et al. appealed that ruling.
On appeal to the Supreme Court the principal factual contest centered on boundary determination. The cadastral plan showed a straight line from monument M‑3 through an auxiliary monument M‑19a, producing a more easterly boundary; but a Bureau of Lands surveyor, Cruz, upon inspecting the field and consulting the technical description and the monumenting notice published in the Manila Gazette (1890), located a principal monument M‑20 (a molave post in brick) on the bank of the Benituan River which the cadastral surveyors had overlooked. The lower court had excluded the triangular strip between the straight cadastral line and the line from M‑3 to M‑20 as lying outside the registered tract.
The Supreme Court considered both appeals, examined the weight to be given to princi...(Subscriber-Only)
Issues:
- Are the listed lots in cadastral Cases No. 18 and No. 19 included within the lands decreed in Court of Land Registration case No. 5550 and therefore the property of Lucio Ongsiaco et al.?
- Is the triangular strip along the northeastern boundary of lot No. 2959 (designated lot No. 2959‑A) outside the decree in case No. 5550...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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