SECOND DIVISION
[G.R. No. 38612. February 23, 1934. ]
CIRIACO LIZADA, Plaintiff-Appellant, v. OMANAN (Bagobo) ET AL., Defendants-Appellees.
Vicente Hizon Panlilio for Appellant.
Chaves & Braganza for Appellees.
SYLLABUS
1. PUBLIC LANDS; LANDLORD AND TENANT; ELEMENTARY LAW. — It is elementary law that a tenant will not be heard to dispute his landlord’s title, hence, the proceedings whereby the defendants obtained free patents were fraudulent.
2. ID.; OWNERSHIP AND POSSESSION; PUBLIC LAND ACT; GOVERNMENT GRANT. — By virtue of his possession since 1892, established by the preponderance of the evidence, the plaintiff is entitled to a certificate of title to the lands described in his petition, under the provisions of section 45, paragraph (b), of Act No. 2874, the Public Land Law, and he is conclusively presumed to have performed all the conditions essential to a government grant. That being so, the original certificates of title of free patent issued to have various defendants, as recited in the agreed statement of facts, were unauthorized and void as against this plaintiff.
2. ID.; OWNERSHIP AND POSSESSION; PUBLIC LAND ACT; GOVERNMENT GRANT. — By virtue of his possession since 1892, established by the preponderance of the evidence, the plaintiff is entitled to a certificate of title to the lands described in his petition, under the provisions of section 45, paragraph (b), of Act No. 2874, the Public Land Law, and he is conclusively presumed to have performed all the conditions essential to a government grant. That being so, the original certificates of title of free patent issued to have various defendants, as recited in the agreed statement of facts, were unauthorized and void as against this plaintiff.
D E C I S I O N
BUTTE, J.:
This is an appeal from a judgment of the Court of First Instance of Davao in an action of reivindicacion.
The amended complaint filed on August 29, 1929, recites that the plaintiff is the owner of six tracts of land referred to respectively in the cadastral survey of Davao as:chanrob1es virtual 1aw library
Lot No. 703 containing 8 hectares 59 ares 4 centiares
Lot No. 707 containing 14 hectares 75 ares 17 centiares
Lot No. 708 containing 3 hectares 96 ares 66 centiares
Lot No. 713 containing 25 hectares 89 ares 32 centiares
Lot No. 709 containing 2 hectares 6 ares 38 centiares
Lot. No. 704 containing 12 hectares 76 ares 68 centiares
that all of said tracts formerly constituted one farm, but the defendants, without right and availing themselves of the absence of the plaintiff during his illness, by means of fraud, enter upon and took possession of said land and divided it among themselves as follows: The first parcel mentioned above was appropriated by the defendant Omanan, a Bagobo; the second, by the defendant Ingay, a Babogo; the third, by the defendant Basilisa Moncayo; the fourth parcel by Agapito Albay, Inalad and Wee Te; the fifth, by the defendant Carlos Ading; the sixth, by Marcelina Uata; that the defendants Quiome, a Japanese, Muños, a Japanese, Oimas, a Japanese, Wee Yap, a Chinese, Urbano Pastor and one Agustin, are tenants illegally holding said lands under the said codefendants under a contract to pay 10 per cent of the profits of said lands.
The plaintiff prays that he be declared the sole and absolute owner of said lands and that the defendants be required to surrender possession and pay the sum of P10,000 as damages and for general relief.
The defendants answered with a general denial and set up the following special defenses: that the defendant Omanan (Bagobo) has a Torrens title to lot No. 703; that the defendant Marcelina Uata has a Torrens title to lot No. 704 and Carlos Ading (Bagobo) has a Torrens title to lot No. 709; that the defendant Basilisa Moncayo is the owner of lot NO. 708 by virtue of inheritance from her parents who have held possession "desde un tiempo immemorial" ; that the defendant Ingay (Bagobo) inherited lot No. 707 and Agapito Albay inherited lot No. 713 from their respective parents who held possession for time immemorial.
It is also alleged that the cause of action of the plaintiff has prescribed.
Wherefore the defendants pray that they be declared the owners respectively of the lots in question.
It appearing that the lands involved in this law suit are also the subject matter of pending claims in the cadastral survey of Davao, it was agreed by both parties that the two cases should be heard jointly and the court entered the following order on February 18,1930:jgc:chanrobles.com.ph
"Vista la mocion de fecha 18 de febrero de 1930, presentada por el abogado Sr. Vicente Hizon Panlilio que representa al reclamante Ciriaco Lizada, en la que pide que se vean estos lotes 703, 704, 707, 708, 709, 710 y 713 para cuando se señale causa civil No. 888 de este Juzgado, entre las mismas partes, port estar envueltos estos lotes en dicha causa civil, y estando conforme el abogado de los demas reclamantes, Sr. Domingo Braganza;
"Transfierase la vista de los referidos lotes hasta que se vea la causa civil No. 888. Asi se ordena."cralaw virtua1aw library
On December 13, 1930, the provincial fiscal, in representation of the Insular Government, asked leave to file a petition of intervention in which it is recited that the Director of Lands was contending in cadastral case No. 1, Record No. 317, of Davao that lots Nos. 703, 704, 708, 709, and 713 were public lands; that lots Nos. 707, 708 and 713 were embraced in applications for a free patent of the Bagobos, Ading, Ingay and Agapito Albay, respectively, the last two mentioned being defendants in this case; that the defendants Omanan, Ading and Marcelina Uata already hold free patents by concession of the Director of Lands, granted on December 21, 1921, December 1, 1921, and October 17, 1921, respectively, conveying lots Nos. 703, 709 and 704; that the plaintiff has no right whatever in said land; and praying that the said lots Nos. 703, 704, 709 and 713 be declared public lands under the control of the Government of the Philippine Islands and confirming the said free patents heretofore issued.
On February 5, 1931, the court admitted the intervention of the fiscal as aforesaid without objection from either party.
On March 31, 1932, the following agreed statement of facts was filed at the hearing of this cause:jgc:chanrobles.com.ph
"CONVENIO DE HECHOS
"Comparecen todas las partes en este asunto, representadas por sus respectivos abogados que subscriben, y respetuosamente exponen:jgc:chanrobles.com.ph
"Que convienen dichas partes en que los hechos que mas abajo se especifican, sean considerados por este Juzgado como hechos debidamente probados durante la vista da esta causa, sin perjuicio de que dichas partes puedan presentar otras pruebas sobre otros hechos que no constan en este convenio:jgc:chanrobles.com.ph
"1.
The amended complaint filed on August 29, 1929, recites that the plaintiff is the owner of six tracts of land referred to respectively in the cadastral survey of Davao as:chanrob1es virtual 1aw library
Lot No. 703 containing 8 hectares 59 ares 4 centiares
Lot No. 707 containing 14 hectares 75 ares 17 centiares
Lot No. 708 containing 3 hectares 96 ares 66 centiares
Lot No. 713 containing 25 hectares 89 ares 32 centiares
Lot No. 709 containing 2 hectares 6 ares 38 centiares
Lot. No. 704 containing 12 hectares 76 ares 68 centiares
that all of said tracts formerly constituted one farm, but the defendants, without right and availing themselves of the absence of the plaintiff during his illness, by means of fraud, enter upon and took possession of said land and divided it among themselves as follows: The first parcel mentioned above was appropriated by the defendant Omanan, a Bagobo; the second, by the defendant Ingay, a Babogo; the third, by the defendant Basilisa Moncayo; the fourth parcel by Agapito Albay, Inalad and Wee Te; the fifth, by the defendant Carlos Ading; the sixth, by Marcelina Uata; that the defendants Quiome, a Japanese, Muños, a Japanese, Oimas, a Japanese, Wee Yap, a Chinese, Urbano Pastor and one Agustin, are tenants illegally holding said lands under the said codefendants under a contract to pay 10 per cent of the profits of said lands.
The plaintiff prays that he be declared the sole and absolute owner of said lands and that the defendants be required to surrender possession and pay the sum of P10,000 as damages and for general relief.
The defendants answered with a general denial and set up the following special defenses: that the defendant Omanan (Bagobo) has a Torrens title to lot No. 703; that the defendant Marcelina Uata has a Torrens title to lot No. 704 and Carlos Ading (Bagobo) has a Torrens title to lot No. 709; that the defendant Basilisa Moncayo is the owner of lot NO. 708 by virtue of inheritance from her parents who have held possession "desde un tiempo immemorial" ; that the defendant Ingay (Bagobo) inherited lot No. 707 and Agapito Albay inherited lot No. 713 from their respective parents who held possession for time immemorial.
It is also alleged that the cause of action of the plaintiff has prescribed.
Wherefore the defendants pray that they be declared the owners respectively of the lots in question.
It appearing that the lands involved in this law suit are also the subject matter of pending claims in the cadastral survey of Davao, it was agreed by both parties that the two cases should be heard jointly and the court entered the following order on February 18,1930:jgc:chanrobles.com.ph
"Vista la mocion de fecha 18 de febrero de 1930, presentada por el abogado Sr. Vicente Hizon Panlilio que representa al reclamante Ciriaco Lizada, en la que pide que se vean estos lotes 703, 704, 707, 708, 709, 710 y 713 para cuando se señale causa civil No. 888 de este Juzgado, entre las mismas partes, port estar envueltos estos lotes en dicha causa civil, y estando conforme el abogado de los demas reclamantes, Sr. Domingo Braganza;
"Transfierase la vista de los referidos lotes hasta que se vea la causa civil No. 888. Asi se ordena."cralaw virtua1aw library
On December 13, 1930, the provincial fiscal, in representation of the Insular Government, asked leave to file a petition of intervention in which it is recited that the Director of Lands was contending in cadastral case No. 1, Record No. 317, of Davao that lots Nos. 703, 704, 708, 709, and 713 were public lands; that lots Nos. 707, 708 and 713 were embraced in applications for a free patent of the Bagobos, Ading, Ingay and Agapito Albay, respectively, the last two mentioned being defendants in this case; that the defendants Omanan, Ading and Marcelina Uata already hold free patents by concession of the Director of Lands, granted on December 21, 1921, December 1, 1921, and October 17, 1921, respectively, conveying lots Nos. 703, 709 and 704; that the plaintiff has no right whatever in said land; and praying that the said lots Nos. 703, 704, 709 and 713 be declared public lands under the control of the Government of the Philippine Islands and confirming the said free patents heretofore issued.
On February 5, 1931, the court admitted the intervention of the fiscal as aforesaid without objection from either party.
On March 31, 1932, the following agreed statement of facts was filed at the hearing of this cause:jgc:chanrobles.com.ph
"CONVENIO DE HECHOS
"Comparecen todas las partes en este asunto, representadas por sus respectivos abogados que subscriben, y respetuosamente exponen:jgc:chanrobles.com.ph
"Que convienen dichas partes en que los hechos que mas abajo se especifican, sean considerados por este Juzgado como hechos debidamente probados durante la vista da esta causa, sin perjuicio de que dichas partes puedan presentar otras pruebas sobre otros hechos que no constan en este convenio:jgc:chanrobles.com.ph
"1.
