FIRST DIVISION
[G.R. No. 3279. March 11, 1908. 1]
THE CITY OF MANILA, Petitioner-Appellee, v. THE INSULAR GOVERNMENT ET AL., Respondents-Appellants.
Attorney-General Araneta, for the Government.
Modesto Reyes, for Appellee.
SYLLABUS
1. REALTY; EVIDENCE OF OWNERSHIP. — The mere leasing of property and the receiving of the rent therefor can not, in the absence of other proof support a claim of ownership in favor of the lessor.
2. MUNICIPALITIES; COMMUNAL LANDS. — The municipalities of the Philippine Islands are not entitled, by right, to any part of the public domain for use as communal lands. The Spanish law provided that the usufruct of a portion of the public domain adjoining municipal territory might be granted by the Government for communal purposes, upon proper petition, but, until granted, no rights therein passed to the municipalities, and, in any event, the ultimate title remained in the sovereign.
3. ID.; ID.; CITY OF MANILA — The city of Manila not having proved that the land in question had ever been granted to the city by the Spanish Government, and not having shown that, by the laws of the present sovereignty, it was entitled to the property: Held, That the Court of Land Registration was not empowered to grant the registration thereof in favor of the city.
2. MUNICIPALITIES; COMMUNAL LANDS. — The municipalities of the Philippine Islands are not entitled, by right, to any part of the public domain for use as communal lands. The Spanish law provided that the usufruct of a portion of the public domain adjoining municipal territory might be granted by the Government for communal purposes, upon proper petition, but, until granted, no rights therein passed to the municipalities, and, in any event, the ultimate title remained in the sovereign.
3. ID.; ID.; CITY OF MANILA — The city of Manila not having proved that the land in question had ever been granted to the city by the Spanish Government, and not having shown that, by the laws of the present sovereignty, it was entitled to the property: Held, That the Court of Land Registration was not empowered to grant the registration thereof in favor of the city.
D E C I S I O N
JOHNSON, J.:
On the 11th day of November, 1904, the city of Manila, through its attorney, filed a petition in the Court of Land Registration for the registration of a certain parcel or tract of land described by metes and bounds in the first paragraph of said petition as follows:jgc:chanrobles.com.ph
"A parcel of land situated in Paco, a district of this city. It is bounded on the north by properties belonging to Chas. M. Stone, Prudencio de Leon, Asuncion Ventura, Petra Carnero y Garcia, Evaristo Roxas and brothers, Silvestra Sarmiento, Evaristo Gonzalez y Valdes, Mariano Vergara, Bernarda Yalon, Julio Gonzaga, Leoncia Mañalac, Geronimo Morales, Antonio Bautista, Doroteo Palacio, and Gualberta de los Reyes; on the south and on the east by property owned by Miguel Fabie and brothers, and on the west by properties belonging to Gualberta de los Reyes and Toribia Cruz. Beginning at the intersection of the northern line of Calle Real and the eastern line of Calle Peñafrancia (new street lines), approved on 21st December, 1903, and 17th February, 1904, respectively, by the Municipal Board, thence S. 4 degrees and 8 minutes E., 157.09 meters to the point marked "0;" thence N., 79 degrees 37 minutes W., 18.30 meters along the southern boundary of the property owned by Evaristo Gonzalez Valdes and Mariano Vergara to point No. 1; thence N. 11 degrees 25 minutes E., 6.20 meters along the western boundary of the property belonging to Mariano Vergala to point No. 2; thence N. 86 degrees 38 minutes W., 29.60 meters along the southern boundary of the property owned by Mariano Vergara to point No. 3; thence N. 4 decrees 14 minutes E., 22.49 meters along the western boundary of the property of Mariano Vergara, to point No. 4; thence N. 11 degrees 42 minutes W., 5.71 meters along the western boundary of the property belonging to Bernardo Yalon to point No. 5; thence S. 89 degrees 50 minutes W., 78.00 meters to a stone monument along the southern boundary of the property owned by Julio Gonzaga, Leoncia Mañalac, Geronimo Morales, to point No. 6; thence N. 89 degrees 22 minutes W., 24.17 meters along the southern boundary of the property belonging to Antonio Bautista, to point No. 7; thence S. 55 degrees 56 minutes W., 16.81 meters along the southeastern boundary of the property owned by Doroteo Palacio to point No. 8; thence N. 86 degrees 49 minutes W., 25.50 meters along the southern boundary of the properties owned by Doroteo Palacio and Gualberta de los Reyes to point No. 9; thence S. 15 degrees 30 minutes W., 16.47 meters to a stone monument, along the eastern boundary of the property owned by Gualberta de los Reyes and Toribia Cruz to point No. 10; thence S. 7 degrees 35 minutes W., 14.16 meters along the eastern boundary of the property owned by Toribia Cruz to point No. 11, thence S. 75 degrees 39 minutes E., 14.37 meters along the northern boundary of the property of Miguel Fabie and brothers to point No. 12; thence N. 88 degrees 3 minutes E., 45.35 meters along the northern boundary of the property belonging to Miguel Fabie and brothers to point No. 13; thence S. 89 degrees 11 minutes E. . 70.l5 meters to a stone monument along the northern boundary of the property belonging to Miguel Fabie and brothers to point No. 14; thence S. 86 degrees 33 minutes E., 85.07 meters to a stone monument along the northern boundary of the property of Miguel Fabie and brothers to point No. 15; thence N. 83 degrees 8 minutes E., 14.49 meters along the northern boundary o
"A parcel of land situated in Paco, a district of this city. It is bounded on the north by properties belonging to Chas. M. Stone, Prudencio de Leon, Asuncion Ventura, Petra Carnero y Garcia, Evaristo Roxas and brothers, Silvestra Sarmiento, Evaristo Gonzalez y Valdes, Mariano Vergara, Bernarda Yalon, Julio Gonzaga, Leoncia Mañalac, Geronimo Morales, Antonio Bautista, Doroteo Palacio, and Gualberta de los Reyes; on the south and on the east by property owned by Miguel Fabie and brothers, and on the west by properties belonging to Gualberta de los Reyes and Toribia Cruz. Beginning at the intersection of the northern line of Calle Real and the eastern line of Calle Peñafrancia (new street lines), approved on 21st December, 1903, and 17th February, 1904, respectively, by the Municipal Board, thence S. 4 degrees and 8 minutes E., 157.09 meters to the point marked "0;" thence N., 79 degrees 37 minutes W., 18.30 meters along the southern boundary of the property owned by Evaristo Gonzalez Valdes and Mariano Vergara to point No. 1; thence N. 11 degrees 25 minutes E., 6.20 meters along the western boundary of the property belonging to Mariano Vergala to point No. 2; thence N. 86 degrees 38 minutes W., 29.60 meters along the southern boundary of the property owned by Mariano Vergara to point No. 3; thence N. 4 decrees 14 minutes E., 22.49 meters along the western boundary of the property of Mariano Vergara, to point No. 4; thence N. 11 degrees 42 minutes W., 5.71 meters along the western boundary of the property belonging to Bernardo Yalon to point No. 5; thence S. 89 degrees 50 minutes W., 78.00 meters to a stone monument along the southern boundary of the property owned by Julio Gonzaga, Leoncia Mañalac, Geronimo Morales, to point No. 6; thence N. 89 degrees 22 minutes W., 24.17 meters along the southern boundary of the property belonging to Antonio Bautista, to point No. 7; thence S. 55 degrees 56 minutes W., 16.81 meters along the southeastern boundary of the property owned by Doroteo Palacio to point No. 8; thence N. 86 degrees 49 minutes W., 25.50 meters along the southern boundary of the properties owned by Doroteo Palacio and Gualberta de los Reyes to point No. 9; thence S. 15 degrees 30 minutes W., 16.47 meters to a stone monument, along the eastern boundary of the property owned by Gualberta de los Reyes and Toribia Cruz to point No. 10; thence S. 7 degrees 35 minutes W., 14.16 meters along the eastern boundary of the property owned by Toribia Cruz to point No. 11, thence S. 75 degrees 39 minutes E., 14.37 meters along the northern boundary of the property of Miguel Fabie and brothers to point No. 12; thence N. 88 degrees 3 minutes E., 45.35 meters along the northern boundary of the property belonging to Miguel Fabie and brothers to point No. 13; thence S. 89 degrees 11 minutes E. . 70.l5 meters to a stone monument along the northern boundary of the property belonging to Miguel Fabie and brothers to point No. 14; thence S. 86 degrees 33 minutes E., 85.07 meters to a stone monument along the northern boundary of the property of Miguel Fabie and brothers to point No. 15; thence N. 83 degrees 8 minutes E., 14.49 meters along the northern boundary o
