[G.R. No. 37913. November 24, 1933. ]
ROSALIA ROSADO, Applicant-Appellant, v. THE DIRECTOR OF LANDS ET AL., Oppositors-Appellees.
Vamenta & Veloso, for Appellant.
Attorney-General Jaranilla, for Appellees.
1. REGISTRATION OF LAND; AREA SHOWN IN THE TITLE-DEED PREVAILS. — When a deed describes a tract of land by definite and ascertainable boundaries, an additional statement as to the area included is of secondary importance, because it is presumed that the parties to the deed contracted with reference to the land specifically delimited in the description. This rule has no application in the present case, first, because the land is not specifically delimited by definite and ascertainable boundaries and, second, because the record shows that the Spanish Government and the applicant’s predecessor in interest contracted with reference to a definite area because the minimum acceptable bid was based on an area of 144 hectares, 89 ares, and 70 centares. The applicant’s sole claim in the present case is thru a chain of title from her predecessor in interest, and she is not entitled to an area greater than that shown in her title-deed.
D E C I S I O N
This is an appeal from a judgment of the Court of First Instance of Masbate, in case No. 59, G. L. R. O. Record No. 38041, in which the appellant petitioned for the registration in her name of a parcel of land of 966 hectares, 30 ares and 95 centiares, situated in the barrio of Calumpang, in the municipality of Milagros, Province of Masbate.
The application of Rosalia Rosado, which was filed on December 27, 1929, was opposed by the Director of Lands and the Director of Forestry.
The appellant makes the following single assignment of error:jgc:chanrobles.com.ph
"El Juzgado a quo erro al denegar la inscripcion a nombre de la solicitante apelante, Rosalia Rosado, en el Registro de la Propiedad de la Provincia de Masbate, de todo el terreno descrito en el Plano Exhibit A de 966 hectareas, 30 areas y 95 centiareas, y al declarar que dicha solicitante solamente tiene derecho a la inscripcion a su nombre de una porcion del referido terreno compuesta de 144 hectareas, 89 areas y 70 centiareas."cralaw virtua1aw library
The appellant claims that she acquired title to the land included in her application by purchase on June 28, 1928, from Lucina Danao, the widow of Serapion Dimen, the sons of the latter and Gavino Vinluan, the deed of transfer appearing in the record as Exhibit E. This deed contains the following recitals:jgc:chanrobles.com.ph