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[GOVERNMENT OF PHILIPPINE ISLANDS v. LUIS ADELANTAR ET AL.](https://www.lawyerly.ph/juris/view/c1d3e?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR Nos. 32133, Feb 25, 1931 ]

GOVERNMENT OF PHILIPPINE ISLANDS v. LUIS ADELANTAR ET AL. +

DECISION

55 Phil. 703

[ G. R. Nos. 32133, 32155, 32156, 32179, 32198, 32288, 82239, 32272-32275, 32301-32305, 32333, 32353, and 32354, February 25, 1931 ]

THE GOVERNMENT OF THE PHILIPPINE ISLANDS, PETITIONER, VS. LUIS ADELANTAR ET AL., CLAIMANTS. MARTA ESPINOSA, TEBESO SAZON, DONATO DEOCAMPO, GRACIANO JARODA, BALBINO DEQUILLA Y BELANDRES, GREGORIA PANAGUITON, BERNARDO SIAOTONG, CATALINA SARROSA, LEONARDO ARANETA, ALFONSO DORONILA, CAROLINA BLANCAFLOR, AGUSTIN PEREZ, JESUS BUENSUCESO, JESUS BIONA, NICOLAS BARRIDO, VALENTIN BUENSUCESO AND NICOLAS BUENSUCESO, APPELLANTS. THE DIRECTOR OF FORESTRY AND THE DIRECTOR OF LANDS, APPELLEES.

D E C I S I O N

OSTRAND, J.:

On September 14, 1925, the Philippine Government instituted a cadastral proceeding of a tract of land situated in the municipality  of Barotac Nuevo, Province of Iloilo,  in accordance with section 1856" of the Administrative Code. A large part of the tract appears to be mangrove swamps, the administration  of which is claimed by the  Bureau  of Forestry.   The Bureau of Lands also claimed the lots with the exception  of lot No.  1081.  The same lots are  also claimed by private individuals.

Upon trial the Court of First Instance declared the lots to be public lands  with the exception of certain portions which had been under cultivation, and the herein claimants appealed to this  court.  The names of the claimants and the numbers of the lots, as well as the numbers of the cases appealed, are as follows:
Lot No
Private claimant
G. R. No.
     
725
Marta Espinosa and Quirino S. Cabrera
32133
1081 Tereso Sazon
32155
841 Donato Deocampo
32156
743 Graciano Jaroda
      
     
}32179
2668 Vicente Catequista, Feliciano Cartagena
850 and 851
Balbino DequiUa y Belandres
32198
783 Gregoria Panaguiton
32238
855 Bernardo Siaotong
32239
1086 and 1094 Catalina Sarrosa
32272
1097 Leonardo Araneta
32273
1265 Alfonso Doronila
32274
1266 and 1267 do
32275
1193
Carolina Blancaflor and heirs of Quirino Agudo
32301
1210 Leonardo Araneta
32302
1253 Agustin Perez
32303
1198 Jesus Buensuceso, Bias Gonzalez, and Higino Belmonte
32304
1199. Jesus Biona
32305
1232 Nicolas Barrido
32333
1197 Valentin Buensuceso
32353
1233 Nicolas Buensuceso and Feliciano Cartagena
32354
After a careful examination of the various cases included in the brief of the Attorney-General we can see no  error in the findings of the court below.  The claimants pretend that they, by themselves, and their predecessors in interest have had possession of the respective parcels  of land for long periods, but, if so, the  occupancy of the land can only have been precarious.  As stated above, the tract in question consists  principally of mangrove swamps and the administration thereof has been in the hands of the Bureau of Forestry.   Only four of the lots, namely, Noe. 725, 841, 850 and 851  have been  declared  for  taxation and that was only in the years 1916  and 1917.   The remaining lots do not seem to have been declared by anyone for the purpose of taxation, and  in the past the Bureau of Forestry has generally issued  licenses to cut  wood and to construct fishponds on the  tract in  question.   Some of the licensees and permittees are claimants herein and it seems evident that the present  opposition of  the  appellants is comparatively a recent undertaking.  It will be noted that there is no proof whatever that the lands in question had ever been acquired by the appellants or their supposed predecessors in interest either by composition title from the Spanish Government or by  possessory information title or by any other legal means to acquire public lands and no such title papers have been offered in evidence in the trial.

It is also apparent that the appellants have  not been in open, continuous, exclusive and notorious possession and occupation of the lands in controversy, as required by law. Under section  45 (b)  of  Act No. 2874, the possession of public land,  without title derived  from the Government, must have commenced before July 26, 1894, and have been continuous thereafter at least until July 1, 1919, when said Act No. 2874 became  effective.  The  appellants having failed to comply  with  the provisions of the law, the lots claimed  cannot be registered  in their favor  under the aforesaid section  45 (6)  of  Act No. 2874.   The statute of limitations in regard to public land does not run against the Government.

The decision of the court below in  regard to  all of  the cases above enumerated  is  hereby affirmed without costs. So  ordered.

Avanceña,  C. J., Johnson,  Street, Malcolm,  Villamor, Johns, and Romualdez, JJ.,  concur.

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