EN BANC
[G.R. No. 36385. March 4, 1933. ]
RITA GARCHITORENA VIUDA DE CENTENERA, Plaintiff-Appellant, v. HERMOGENES P. OBIAS ET AL., Defendants-Appellees.
[G.R. No. 36547. March 4, 1933. ]
RITA GARCHITORENA VIUDA DE CENTENERA, Plaintiff-Appellant, v. DIRECTOR OF LANDS ET AL., Oppositors-Appellees. DIRECTOR OF FORESTRY, Oppositor-Appellant.
Ocampo & Cea, for Appellant.
Attorney-General Jaranilla, for the Government.
Gabriel P. Prieto, for appellee Obias.
Ramon O. Alvarez, in his own behalf.
Imperial & Surtida, for appellees Mariano, Flor, and Marcel Garchitorena.
Arturo Arnau, Vicente Tuason, Emilio M. Tible and Potenciano Magtibay, for other appellees.
SYLLABUS
1. REGISTRATION OF LAND; TITLE OF PRESCRIPTION. — A portion of land of 18 hectares having been acquired by prescription of adverse possession for over ten years in accordance with the provisions of section 41 of the Code of Civil Procedure by a person who sold said portion to defendant O, said defendant O must be declared the owner of that portion of land.
2. ID.; LAND OF OPPONENT INCLUDED IN APPLICANT’S PLAN. — It appearing conclusively from the evidence that the late J. A. and his successors had a considerable extent of land in the same place where the applicant’s land is situated, and taking into account that the land was surveyed for purposes of registration, the weight of evidence indicates that the land claimed by the opponent R. A. has been included in the applicant’s plan.
3. ID.; ID. — The weight of the evidence likewise shows that the land occupied by the other opponent J. A. was also taken by the appellant and that this land has been in possession of said opponent as a homestead from the Government since the year 1917, there being included in 24 hectares of the homestead some 4 hectares belonging to him privately since the time of the Spanish Government.
4. ID.; MANGROVE LANDS. — Mangrove lands are not forest lands in the sense in which this phrase is used in the Act of Congress. (Montano v. Insular Government, 12 Phil., 572; and Jocson v. Director of Forestry, 39 Phil., 560.)
5. ID.; TITLE TO LAND DESCENDED. — Heirs having entered as such cannot acquire title to the land descended, as against the debts of the ancestor, by a claim of adverse possession as against the title descended. (2 C. J., 164, secs. 307, 308.)
2. ID.; LAND OF OPPONENT INCLUDED IN APPLICANT’S PLAN. — It appearing conclusively from the evidence that the late J. A. and his successors had a considerable extent of land in the same place where the applicant’s land is situated, and taking into account that the land was surveyed for purposes of registration, the weight of evidence indicates that the land claimed by the opponent R. A. has been included in the applicant’s plan.
3. ID.; ID. — The weight of the evidence likewise shows that the land occupied by the other opponent J. A. was also taken by the appellant and that this land has been in possession of said opponent as a homestead from the Government since the year 1917, there being included in 24 hectares of the homestead some 4 hectares belonging to him privately since the time of the Spanish Government.
4. ID.; MANGROVE LANDS. — Mangrove lands are not forest lands in the sense in which this phrase is used in the Act of Congress. (Montano v. Insular Government, 12 Phil., 572; and Jocson v. Director of Forestry, 39 Phil., 560.)
5. ID.; TITLE TO LAND DESCENDED. — Heirs having entered as such cannot acquire title to the land descended, as against the debts of the ancestor, by a claim of adverse possession as against the title descended. (2 C. J., 164, secs. 307, 308.)
D E C I S I O N
OSTRAND, J.:
The cases G. R. Nos. 36385 and 36547, civil case No. 4783 and Expediente 520, Record No. 37166, of the Court of First Instance of Camarines Sur, are the application by Rita Garchitorena Vda. de Centenera for the registration of four lots or parcels of land with a total area of 2,770 hectares, 77 ares, and 60 centares, and with description and plan attached. This was opposed by the Director of Lands, Director of Forestry, Hermogenes P. Obias, Ramon Alvarez, Jose Alvarez, Januario Alferez, and Mariano, Flor, and Marcel Garchitorena.
Hermogenes P. Obias stated that some 800 hectares belonged to him as part of the land in question, but it seems quite clear that he had only 300 hectares as appears in the application for a lease given him by the Director of Lands, and the court below holds that the land leased by the Government to the opponent Hermogenes P. Obias is unduly included in the Government’s plan. Another portion of 18 hectares was acquired by prescription of adverse possession for over ten years in accordance with the provisions of section 41 of the Code of Civil Procedure by a person who sold the portion to Obias, and therefore Obias must be declared owner of the said 18 hectares.
As to the damages claimed by Hermogenes in civil case No. 36385 between himself and Rita Garchitorena, so far as the matter appears, there is not sufficient legal ground therefor, since the evidence did not definitely show whether there was any damage of importance done to the cattle found in the three hundred hectares.
THE QUESTION BETWEEN RAMON ALVAREZ AND RITA GARCHITORENA
From the evidence it conclusively appears that the late Jose Alvarez and his successors had a considerable extent of land in the same place where the applicant’s land is situated, and taking also into account that the land was surveyed for purposes of registration, we find that the weight of the evidence indicates that the land claimed by the opponent Ramon Alvarez had been included in the applicant’s plan. This land has an area of 500 hectares. According to Ramon Alvarez, it appears that his father, Ibo Alvarez, had held the tract since 1905 and that at the death of said Ibo Alvarez, Ramon Alvarez and his co
Hermogenes P. Obias stated that some 800 hectares belonged to him as part of the land in question, but it seems quite clear that he had only 300 hectares as appears in the application for a lease given him by the Director of Lands, and the court below holds that the land leased by the Government to the opponent Hermogenes P. Obias is unduly included in the Government’s plan. Another portion of 18 hectares was acquired by prescription of adverse possession for over ten years in accordance with the provisions of section 41 of the Code of Civil Procedure by a person who sold the portion to Obias, and therefore Obias must be declared owner of the said 18 hectares.
As to the damages claimed by Hermogenes in civil case No. 36385 between himself and Rita Garchitorena, so far as the matter appears, there is not sufficient legal ground therefor, since the evidence did not definitely show whether there was any damage of importance done to the cattle found in the three hundred hectares.
THE QUESTION BETWEEN RAMON ALVAREZ AND RITA GARCHITORENA
From the evidence it conclusively appears that the late Jose Alvarez and his successors had a considerable extent of land in the same place where the applicant’s land is situated, and taking also into account that the land was surveyed for purposes of registration, we find that the weight of the evidence indicates that the land claimed by the opponent Ramon Alvarez had been included in the applicant’s plan. This land has an area of 500 hectares. According to Ramon Alvarez, it appears that his father, Ibo Alvarez, had held the tract since 1905 and that at the death of said Ibo Alvarez, Ramon Alvarez and his co
