1. REGISTRATION OF LAND. — Under the facts, which are stated in the dissenting opinion: Held, That the judgment of the Court of Land Registration with regard to the registration of the property in question, and as to the construction of the documents of title, should be sustained.

Although we are unable to agree upon the grounds upon which our conclusion is based, we are of opinion that the judgment of the Court of Land Registration should be affirmed, without costs to either party. So ordered.

Torres, Mapa, and Willard, JJ., concur.

Arellano, C.J., did not vote.



JOHNSON, J., dissenting:chanrob1es virtual 1aw library

On the 10th day of December, 1903, the petitioner and appellant filed a petition in the Court of Land Registration for the registration, under the Torrens system, of the following-described land:jgc:chanrobles.com.ph

"Bounded on the front by the Pasig River; on entering on the right, by the canal or creek of Vitas; on the left by the grounds and buildings belonging to the Bureau of Coast Guard and Transportation of the Insular Government; and on the back by Manila Bay. It is more particularly described in the technical description which is attached to and forms a part of this application; and as detailed in the attached map, has an area of 63,342.70 square meters."cralaw virtua1aw library

The petitioner alleged that the said land had been assessed by the city of Manila at the sum of $247,578, United States currency, and that the buildings thereon had been assessed at $8,000, United States currency. The petitioner alleged in his petition that he was the absolute owner of said property, and made a part of his petition various documents showing the succession of title from the Spanish Government, as well as a map and technical description of said property.

The petition of the plaintiff, together with the documents showing his title, were referred to the examiner of titles for the judicial district of said court, who, upon the 26th of January, 1904, made the following report concerning the title of the petitioner:jgc:chanrobles.com.ph

"1. In the registry of property, entry No. 1, city property No. 739, folio 23 of volume 15, district of Binondo, and volume 52 of the records, it appears (a) that by a judicial decree issued on September 20, 1870, by the Court of First Instance of Intramuros, Jose Horacio, Aurora and Maria Dolores Camps, and the minor Aurelia Roman, as daughter of Josefa Camps, deceased, were declared the heirs of their late father as well as of their late grandfather respectively named Jose Camps. Said decree contained a clause providing for the appointment of Jose Camps y Montilla as guardian of the minor Aurelia Roman, and as legal representative of his brother and sisters, Aurora, Horacio, and Maria Dolores; (b) that by a grant from the Superior Government of these Islands, the intestate Jose Camps owned a parcel of land 400 Spanish yards long by 200 deep, situated on Malecon del Norte, district of Binondo; on said land there were built two warehouses of strong materials adjoining each other, and a dwelling house which has been destroyed, and upon which there is a mortgage in favor of the Obras Pias for the sum of $7,777.86; (c) that, by a judicial sale held on August 17,1877, in the Court of First Instance of Intramuros Alvarez, representing Francisco Hernandez y Fajarnes for the sum of $32,000. Jose Camps, Jr. for himself and representing with sufficient power of attorney his brother Horacio and his sisters Aurora and Maria Dolores Camps, and in his capacity as guardian of Aurelia Roman, duly authorized to sell for her, all in their capacity as heirs of Jose Camps, deceased, executed the proper deed of sale in favor of Francisco Hernandez y Fajarnes, who in his turn sold the property in question for the same price of $32,000 to Juan Serra, represented by Eduardo Vidal; (d) Juan Jover Serra died intestate in the city of Barcelona on February 22, 1879, and at the request of his widow, Maria Rosa Costas y Llucia, her two sons, Miguel and Joaquin Jover y Costas were, on March 7 of the same year, 1879, declared to be the heirs of the deceased, by the Court of First Instance of San Pedro, Barcelona; (e) Miguel Jover y Costas also died intestate on April 29, 1888, and his mother Maria Rosa Costas y Llucia, and his brother Joaquin were, on May 29, 1888, declared equal heirs of his estate by the Court of First Instance of the city of Barcelona and (f) that, by a deed executed in the city of Barcelona before the notary Manuel Larretea y Catalan, on August 22, 1888, Maria Rosa Costas and Joaquin Jover made a partition of the estate of Miguel Jover, and agreed that the half belonging to the latter in the property mentioned should be given to Joaquin Jover as payment of his credit; after these partition proceedings the said Rosa Costas and Joaquin Jover and his late brother Miguel Jover had constructed two warehouses at their expense on the land, bounded as per the summary information approved November 17, 1888, and registered December 6 of the same year in the office of the notary Enrique Barrera; that the said warehouse and land belonged to the brothers Miguel and Joaquin Jover in equal shares, and that the share belonging to the former became the property of the letter by virtue of the said deed of partition.

"2. In the second registration of the property in question it is set forth that, as an addition to the property of Joaquin Jover y Costas, two buildings were erected on the land, one consisting of two warehouse of strong materials, forming a single building, and the other being another warehouse with a galvanized-iron roof, respectively valued at 8,000 and 3,500 pesos.

"3. On the margin of the registration entry the mortgage credit existing on the building appears as canceled as per marginal notes on folios 125, 13 and 32 (vuelto) of the suppressed books of the abolished anotaduria de hipotecas.

"4. Certain data and particulars of the first registration are corroborated by a deed of the sale executed before the notary Numeriano Adriano, on September 5, 1877.

"5. The documents examined show that the owner of the estate is Joaquin Jover y Costas. The present boundaries may be admitted as true.

"6. No acts or contracts opposing the petitioner’s title appear in the registry of property, nor have any facts contrary to those stated in the petition developed from the investigations made.

"OPINION.

"Based on the foregoing report, I am of opinion that the title of Joaquin Jover y Costas is valid and may be registered.

"Manila, January 26, 1904.

"AGUEDO VELARDE."cralaw virtua1aw library

On the 13th day of April, 1904, the city of Manila, by its attorney, filed in said court its opposition to the registration of said land in favor of the petitioner, basing said opposition upon the ground that the said land was within the limits of the city of Manila and that it belonged to the public domain.

On the same day the Acting Attorney-General for the Philippine Islands, representing the Insular Government of the Philippine Islands, presented his objection to the registration of the said land in favor of the petitioner, upon the ground that the land constituted a part of the public lands.

The issue being thus formed, the case was duly tried, and after hearing the evidence adduced during the trial of said cause the said Court of Land Registration granted the registration of that part of said land within the letters A. -B. -C. -D. -U. -L. -K. -N. -P. as represented on the plan presented by the petitioner as a part of his petition and refused to register in favor of the petitioner the balance of the lands included in said plan.

From this decision the petitioner and the Insular Government each appealed.

The petitioner and appellant made the following assignments of error:chanrob1es virtual 1aw library



"The court erred by stating that the concession 200 brazas long and 100 brazas wide on the place marked therein was not absolute.



"The court erred by declaring that, even supposing that the concession was conditional, the condition has not been complied with.



"The court erred in determining that the concession was only for the portion "which is or may be filed in" within the limits of the concession.



"The court erred in declaring that a Spanish conditional concession of lands might be impugned after the treaty of Paris, and that the entry in the registry of property might be cancelled.

The Insular Government, respondent and appellant, made the following assignments of error:chanrob1es virtual 1aw library



"The court erred in stating in its decision that the question raised by the parties is reduced to a determination of whether the concession of the land granted by the late Spanish Government has expired, and whether said land has been transferred in its entirety to the petitioner, Juan [Joaquin] Jover y Costas.



"The court erred in not declaring that the concession of the land, which is the subject-matter of this case, granted by the Governor-General of the Philippines in favor of Jose Camps, is null and void.



"Even admitting the validity of the concession made to Jose Camps, the court erred in not holding that such concession in its entirety was granted under the conditions and limits expressed in the grant, and especially under the condition that the land granted would be filed in, and that the concession would not produced its effects until such condition had been complied with.



"The court erred in not declaring that the concession made to Jose Camps has completely expired, the latter having failed to comply with the condition of filling in all the land granted by said concession.



"Finally, the court erred in not declaring null and void the entry in the registry of property as regards the whole of the land granted, instead of only that as to the portion of the same not filed in."cralaw virtua1aw library

The petitioner and appellant contends that he is the absolute owner of the land in question. He bases this contention upon the following facts:chanrob1es virtual 1aw library

First. That the Spanish Government on the 12th day of February, 1859, conceded to Jose Camps the absolute right and title to the possession of said land, which grant was evidenced by the following document:jgc:chanrobles.com.ph

"Don Jose Luis de Baura y Soriano, lawyer of this royal court of chancery, knight of the Military Order of San Juan of Jerusalem; member of the Royal Economical Society of "Friends of the Country;" member of the general commission of statistics; and secretary of the superior civil government of these Islands, etc.

"I certify that on the petition filed by Don Jose Camps official primero jubilado of this office, in which petition he asks for the concession of a piece of land 200 brazas long and 100 brazas wide, in the lowland back of the northern wharf (Murallon del Norte) of the Pasig River, the superior decree, hereinafter set forth, was issued on February 12, 1859:jgc:chanrobles.com.ph

"‘Acting upon the petition in which Don Jose Camps on November 17, 1858, solicited a grant for the land which he fills in at his expense on the lowlands situated along the northern wharf (Murallon del Norte) and on the north side thereof, on the right side of the mouth of the Pasig River with an extension of 200 brazas in length and 100 brazas in width, beginning at the distance of 25 varas (Spanish year) west of the bridge built on said wharf for the connection of the waters of the river and of the plan hereto attached, to which land, after it has been filed in, he intends to move his article establishment called "Camps e Hijos," and a manufactory of hemp rope; in view of the report made on the 26th of the said month of November by the Alcalde Mayor 1.