EN BANC
[G.R. No. 36992. March 7, 1933. ]
THE DIRECTOR OF LANDS, applicant-appellee, v. RUFINO ABAD ET AL., claimants. THE DIRECTOR OF FORESTRY, claimant-appellee; BENITO ESMUNDO and IGNACIO MESINA, claimants-appellants.
S. V. Lata, Claro M. Recto and Ramon Diokno, for appellant Esmundo.
Aurelio Cecilio, and Laurel, Del Rosario & Lualhati, for appellant Mesina.
Attorney-General Jaranilla, for Appellees.
SYLLABUS
1. CADASTRAL PROCEEDING; INSUFFICIENCY OF TITLE. — It appears in a certain document that on November 9, 1860, the alcalde mayor issued an auto ordering that C be placed in possession of certain land. This fact alone did not make a valid and efficient title to the land, as alcaldes mayores had no power to grant public lands, which power was vested in the Intendente General de Hacienda. (See Real Orden of February 15, 1858.)
2. ID.; ID. — The Real Orden of February 15, 1858, became null and void upon the taking effect of the Real Orden of June 25, 1880, and C not holding a title of any sort, it was granted that the aforesaid document had existed prior to the taking effect of the Real Orden of June 25, 1880, and he was required by law to apply for the composition title of the land described therein. (Art. 8 of the Real Orden of June 25, 1880.) But such composition title has not been presented.
3. ID., ID. — E’s Exhibit 2 is a certificate issued by the gobernadorcillo to the effect that on November 6, 1888, E, on behalf of his nineteen companions, all residents of the town, appeared in the Tribunal of San Antonio, Nueva Ecija, and asked said gobernadorcillo that an expediente for the parcel of land described in said certificate be formed. The gobernadorcillo had no special right to give E, any land and the so-called certificate issued by the said gobernadorcillo.
4. ID., NO VALID TITLE. — E’s Exhibit 1 is a certified copy of an entry book, No. 33, of the Intendente General de Hacienda in Manila, but at the present time, the entry is of no importance. A payment of P244.73 to the Intendente General de Hacienda was not sufficient in 1892. E, never paid taxes or declared the land for tax purposes. He failed to obtain compositions or Royal Confirmations, and apparently does not hold a valid title of any sort.
5. STATUTORY PERIOD FOR FILING BILL OF EXCEPTIONS EXPIRED. — The bill of exceptions which appellant has filed as the basis of his appeal is fatally defective and valueless. The last entry which it recites is a telegram his counsel addressed to the Court of First Instance praying for a third extension of time in which to prepare and submit for approval a proper bill of exceptions. There being no showing that this extension was granted, we must hold that the statutory period for such filing had expired.
2. ID.; ID. — The Real Orden of February 15, 1858, became null and void upon the taking effect of the Real Orden of June 25, 1880, and C not holding a title of any sort, it was granted that the aforesaid document had existed prior to the taking effect of the Real Orden of June 25, 1880, and he was required by law to apply for the composition title of the land described therein. (Art. 8 of the Real Orden of June 25, 1880.) But such composition title has not been presented.
3. ID., ID. — E’s Exhibit 2 is a certificate issued by the gobernadorcillo to the effect that on November 6, 1888, E, on behalf of his nineteen companions, all residents of the town, appeared in the Tribunal of San Antonio, Nueva Ecija, and asked said gobernadorcillo that an expediente for the parcel of land described in said certificate be formed. The gobernadorcillo had no special right to give E, any land and the so-called certificate issued by the said gobernadorcillo.
4. ID., NO VALID TITLE. — E’s Exhibit 1 is a certified copy of an entry book, No. 33, of the Intendente General de Hacienda in Manila, but at the present time, the entry is of no importance. A payment of P244.73 to the Intendente General de Hacienda was not sufficient in 1892. E, never paid taxes or declared the land for tax purposes. He failed to obtain compositions or Royal Confirmations, and apparently does not hold a valid title of any sort.
5. STATUTORY PERIOD FOR FILING BILL OF EXCEPTIONS EXPIRED. — The bill of exceptions which appellant has filed as the basis of his appeal is fatally defective and valueless. The last entry which it recites is a telegram his counsel addressed to the Court of First Instance praying for a third extension of time in which to prepare and submit for approval a proper bill of exceptions. There being no showing that this extension was granted, we must hold that the statutory period for such filing had expired.
D E C I S I O N
OSTRAND, J.:
This is a cadastral proceeding instituted in the municipality of San Antonio, Province of Nueva Ecija. The Director of Lands in representation of the Government of the Philippine Islands, files a petition praying that the title of the land in question described therein, containing an area of 5,359 hectares and divided into 933 lots, be settled and adjudicated in accordance with the provisions of section 1855 of the Revised Administrative Code. Ignacio Mesina, Benito Esmundo, Teofilo de Jesus, Angela Aznar, Maximo Magno, Gonzalo de Leon, Macaria Buencamino, Pablo Reyes, Justo Teodoro, Alejandro Pagdanganan, Arsenio Cubangbang, and Victorino Garcia filed answers or claims on many lots. Ignacio Mesina and Benito Esmundo were the only persons who appealed to this court; the other claimants did not appeal.
Ignacio Mesina alleged that he is the owner and has been, together with his predecessors in interest, in possession for more than forty years of lots Nos. 102, 270, 1256, 1260, 1541, 1765, 1766, 2106, 2107, 2108, 2140, 2207, 2208, 2247, 2504, 2527, 2545, 2546, 2549, 2550, 2726, 2735, 2752, 2753, 2754, 2755, 2756, 2757, 2759, 2761, 2762, 2763, 2769, 2771, 2772, 2773, 2842, 2843, 2847, 2871, 2876, 2912, 2913, 2944, 2946, 2947, 2948, 2949, 2950, 2951, 2953, 2954, 2956, 2983, 2986, 3004, 3016, 3018, 3030, 3067, 3080, 3081, 3214, 3215, 3216, 3217, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3271, 3274, 3275, 3276, 3277, 3278, 3279, 3281, 3282, 3283, 3287, 3293, 3317, 3318, 3320, 3321, 3324, 3325, 3326, 3329, 3357, 3358, 3359, 3360, and 3365.
Benito Esmundo filed answers wherein it is prayed that lots Nos. 102, 2504, 2752, 2754, 2755, 2756, 2761, 2762, 2763, 2842, 2871, 2876, 2944, 2945, 2946, 2947, 2948, 2949, 2950, 2951, 2953, 2986, 3030, 3067, 3080, 3081, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3271, 3274, 3275, 3276, 3277, 3278, 3283, 3287, 3293, and 3317 be adjudicated and registered in his favor.
It may be noted that all the lots which are the objects of the present appeal and which have been declared public lands by the court are among those claimed by the Director of Lands as belonging to the public domain, and after a careful consideration of the facts and circumstances, the questions of law involved in the case have found that said lots are of the public domain. Neither the appellant Mesina nor his alleged predecessor in interest have a valid title issued by the Spanish Government.
On October 22, 1860, Nicomedes Cando presented a document (Exh. M-Mesina) to the alcalde mayor praying that he be placed in possession of a parcel of land which he had claimed, situated in the barrio of Aruyan, town of San Antonio, Province of Nueva Ecija, the area of which required 15 cavanes of palay seed and could, perhaps, be extended to 30 cavanes of seed. It also appears in said document that on November 9, 1860, the alcalde mayor issued an auto ordering that Nicomedes Cando be placed in possession of said land. But these facts alone did not make a valid and efficient title to the land; as we have already stated, the alcaldes mayores had no power to grant public lands, which power was vested in the Intendente General de Hacienda. (See Real Orden of February 15, 1858.) And the Intendentes by the above quoted provisions of the law could not be delegated to the alcaldes mayores or other officials. As we have stated, the amount of 30 hectares seems to be all of the parcel in question.
The document Exhibit H-Mesina does not have the Royal Confirmation which was deemed granted by the provisions of the Real Cedula of March 23, 1728, to those who paid 2 per cent of the value of the lands to the Royal Treasury; it does not appear in said document that Nicomedes Cando had paid the media anata or 2 1/2 per cent of the value of the land as the laws then in force required.
The Real Orden of February 15, 1858, became null and void upon the taking effect of the Real Orden of June 25, 1880, and Nicomedes Cando not holding a title of any sort, it was granted that the aforesaid document had existed prior to the taking effect of the Real Orden of June 25, 1880, and he was required by law to apply for the composition with the State of the land described therein. (Art. 8 of the Real Orden of June 25, 1880.) But such composition has not been presented.
Neither is Exhibit D-Mesina a title to the land described therein. That document is a certified copy of a notice published in the Gazette of Manila in its issue of March 8, 1894, in accordance with article 4 of the "Reglamento para las ventas de terrenos de 26 de enero de 1889." According to said notice, Lorenzo Cando, the son of Nicomedes Cando, had applied for the acquisition of a parcel of land situated in the sitio of Macaladtad, barrio of Aruyan, bounded on the north, south, and west by forest and on the east by uncultivated lands, containing an area of 1,000 hectares, more or less. No other document has been produced in connection with said lots; not even the supposed application of Lorenzo Cando has been produced in evidence. The Exhibit D-Mesina reads as follows:jgc:chanrobles.com.ph
"PROVINCIA DE NUEVA ECIJA. — PUEBLO DE S. ANTONIO. — Don Lorenzo Cando, solicita la adquisicion de un terreno enclavado en el sitio Macaladtad, del barrio de ’Aruyan’ que linda: al Norte, Sur, y Oeste, bosques, y al Este, terrenos incultos; entre estos limites se comprende la superficie aproximada de mil hectareas, segun manifiesta el interesado en su instancia.
"Lo que en cumplimiento del art. 4.
Ignacio Mesina alleged that he is the owner and has been, together with his predecessors in interest, in possession for more than forty years of lots Nos. 102, 270, 1256, 1260, 1541, 1765, 1766, 2106, 2107, 2108, 2140, 2207, 2208, 2247, 2504, 2527, 2545, 2546, 2549, 2550, 2726, 2735, 2752, 2753, 2754, 2755, 2756, 2757, 2759, 2761, 2762, 2763, 2769, 2771, 2772, 2773, 2842, 2843, 2847, 2871, 2876, 2912, 2913, 2944, 2946, 2947, 2948, 2949, 2950, 2951, 2953, 2954, 2956, 2983, 2986, 3004, 3016, 3018, 3030, 3067, 3080, 3081, 3214, 3215, 3216, 3217, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3271, 3274, 3275, 3276, 3277, 3278, 3279, 3281, 3282, 3283, 3287, 3293, 3317, 3318, 3320, 3321, 3324, 3325, 3326, 3329, 3357, 3358, 3359, 3360, and 3365.
Benito Esmundo filed answers wherein it is prayed that lots Nos. 102, 2504, 2752, 2754, 2755, 2756, 2761, 2762, 2763, 2842, 2871, 2876, 2944, 2945, 2946, 2947, 2948, 2949, 2950, 2951, 2953, 2986, 3030, 3067, 3080, 3081, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3271, 3274, 3275, 3276, 3277, 3278, 3283, 3287, 3293, and 3317 be adjudicated and registered in his favor.
It may be noted that all the lots which are the objects of the present appeal and which have been declared public lands by the court are among those claimed by the Director of Lands as belonging to the public domain, and after a careful consideration of the facts and circumstances, the questions of law involved in the case have found that said lots are of the public domain. Neither the appellant Mesina nor his alleged predecessor in interest have a valid title issued by the Spanish Government.
On October 22, 1860, Nicomedes Cando presented a document (Exh. M-Mesina) to the alcalde mayor praying that he be placed in possession of a parcel of land which he had claimed, situated in the barrio of Aruyan, town of San Antonio, Province of Nueva Ecija, the area of which required 15 cavanes of palay seed and could, perhaps, be extended to 30 cavanes of seed. It also appears in said document that on November 9, 1860, the alcalde mayor issued an auto ordering that Nicomedes Cando be placed in possession of said land. But these facts alone did not make a valid and efficient title to the land; as we have already stated, the alcaldes mayores had no power to grant public lands, which power was vested in the Intendente General de Hacienda. (See Real Orden of February 15, 1858.) And the Intendentes by the above quoted provisions of the law could not be delegated to the alcaldes mayores or other officials. As we have stated, the amount of 30 hectares seems to be all of the parcel in question.
The document Exhibit H-Mesina does not have the Royal Confirmation which was deemed granted by the provisions of the Real Cedula of March 23, 1728, to those who paid 2 per cent of the value of the lands to the Royal Treasury; it does not appear in said document that Nicomedes Cando had paid the media anata or 2 1/2 per cent of the value of the land as the laws then in force required.
The Real Orden of February 15, 1858, became null and void upon the taking effect of the Real Orden of June 25, 1880, and Nicomedes Cando not holding a title of any sort, it was granted that the aforesaid document had existed prior to the taking effect of the Real Orden of June 25, 1880, and he was required by law to apply for the composition with the State of the land described therein. (Art. 8 of the Real Orden of June 25, 1880.) But such composition has not been presented.
Neither is Exhibit D-Mesina a title to the land described therein. That document is a certified copy of a notice published in the Gazette of Manila in its issue of March 8, 1894, in accordance with article 4 of the "Reglamento para las ventas de terrenos de 26 de enero de 1889." According to said notice, Lorenzo Cando, the son of Nicomedes Cando, had applied for the acquisition of a parcel of land situated in the sitio of Macaladtad, barrio of Aruyan, bounded on the north, south, and west by forest and on the east by uncultivated lands, containing an area of 1,000 hectares, more or less. No other document has been produced in connection with said lots; not even the supposed application of Lorenzo Cando has been produced in evidence. The Exhibit D-Mesina reads as follows:jgc:chanrobles.com.ph
"PROVINCIA DE NUEVA ECIJA. — PUEBLO DE S. ANTONIO. — Don Lorenzo Cando, solicita la adquisicion de un terreno enclavado en el sitio Macaladtad, del barrio de ’Aruyan’ que linda: al Norte, Sur, y Oeste, bosques, y al Este, terrenos incultos; entre estos limites se comprende la superficie aproximada de mil hectareas, segun manifiesta el interesado en su instancia.
"Lo que en cumplimiento del art. 4.
