Title
William A. Keay, representing the heirs of Charles A. Cross vs. Maria Gay
Case
G.R. No. 4293
Decision Date
Mar 21, 1908
Dispute over the true boundary estero Panoolan between haciendas "Santa Cruz" and "Fortuna"; court ruled the southern estero, with year-round water, as the boundary.

Case Summary (G.R. No. 4293)

Key Dates

The decision was rendered on March 21, 1908.

Applicable Law

The case is decided based on statutory interpretations relevant to land registration and boundary disputes as they were understood during the governing laws of the Philippines at the time.

Factual Background

The petitioner sought to have the hacienda "Santa Cruz" registered in the name of the heirs of Charles A. Cross. The respondent, Maria Gay, contested this registration on grounds pertaining to the delineation of the estate boundaries, specifically, the river Panoolan which was identified as the boundary between "Santa Cruz" and "Fortuna." Gay argued that the river indicated in the petitioner's plan was not the correct boundary.

Argument by Respondent

Maria Gay's appeal was grounded in a singular argument asserting that the Court of Land Registration erred in declaring that the river Panoolan, which served as a boundary, was the one indicated in the petitioner’s plan rather than the one marked by the witness F. Eugenio Lopez. This challenge focused on the factual accuracy concerning the true location of the river.

Judicial Inquiry

The Court of Land Registration referred the matter to a commissioner to gather evidence and analyze the situation concerning the boundaries. The commissioner was tasked with investigating the location of the river Panoolan and probing witness testimonies regarding its identity.

Findings

The commissioner reported that there were two channels or rivers in the vicinity: one located north of hacienda "Santa Cruz," which did not hold water during the dry season, and another to the south that consistently held water year-round, identified as the river Panoolan. The report concluded that the channel with perennial water flow was indeed the true river Panoolan, validated by consistent testimony from the witnesses.

Court's Conclusion

Upon review, the Court of Land Registration affirmed the commissioner's findings, indicating

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