1. FISHERIES; MUNICIPAL JURISDICTION AND CONTROL. — Judgment for possession of fishery was rendered in the court below against one Tomas Reyes and the municipality of Camiling, together with damages at the rate of P50 a year from the date of the illegal disposition of the claimant down to the time when the fishery should be restored to him under the terms of the judgment. It appears that the fishery is located within the territorial jurisdiction of the municipality of San Clemente, created and established since the institution of these proceedings, whose territory includes a part of the territory formerly included within the boundaries of the municipality of Camiling. Held: That the absence of proof, it will not be assumed that since the date of the organization of the municipality of San Clemente, the municipality of Camiling has attempted to exercise jurisdiction or control over the fishery in question, or that the new municipality of San Clemente has illegally exercised its jurisdiction in the premises.

2. ID.; ID. — Under these conditions, the judgment against individual defendant, actually in possession of the fishery, affirmed, and the judgment against the municipality of Camiling for the possession of the fishery, and so much of the judgment as provides for the payment of damages by that municipality of San Clemente, reversed.

The evidence of record appears to sustain the findings of fact by the trial judge, and upon these findings we are of opinion that, with the modification hereafter indicated, the judgment entered by him should be affirmed. The various contentions of the appellants are sufficiently and satisfactorily disposed of in the opinion filed in the court below, except in so far as the judgment directs the defendant municipality to restore possession of the fishery in dispute in these proceedings.

It is admitted that the fishery is located within the territorial jurisdiction of the municipality of San Clemente, created and established since the institution of these proceedings, and it would, seem, therefore, that the defendant municipality of Camiling, within whose boundaries it was located prior to the establishment of the municipality San Clemente should be presumed to have lost both the power and the intention to assert any claim to exercise control over the fishery, such rights as it may have had in the regard having passed by operation of law to the new municipality of San Clemente. It would seem, nevertheless, that the relief prayed for, so far as the right thereto is sustained by the evidence of record and recognized by the findings and conclusions of the trial court, will be adequately secured by the affirmance of the judgment, after striking our therefrom so much thereof as provides for the restoration of possession by the defendant municipality , and for the payment of P50 a year by way of indemnity by the municipality of Camiling from the date of the creation and organization of the municipality of San Clemente until possession against the defendant Tomas Reyes, who is in actual possession and control of the fishery, and also the provision for indemnification by the municipality of Camiling, down that date.

We conclude that judgment entered in the court below should be modified by striking our therefrom so much thereof as provides for the restoration of the fisheries in questions by the defendant municipality of Camiling and so much thereof as provides for the payment of an annual indemnification of P50 to be paid by that municipality from and after the date of the organization of the municipality of San Clemente as disclosed by the official records, and that thus modified the judgment should affirmed, with the costs of this instance against the defendant municipality. So ordered.

Arellano, C.J., Johnson, Araullo, Street, and Malcolm, JJ., concur.