LOCGOV 003 Municipality of Catbalogan v Director of Lands (1 10!

! Land that is absolutely required by a municipality for its formation, such as a lot meant for the construction of a courthouse, is considered patrimonial property of the municipality and not of the national government. "acts# 1. The municipal president of Catbalogan, Samar applied to register a parcel of land with the Court of Land Registration. The parcel was 666.60 square meters. The Catbalogan courthouse was built on the land. . The !irector of Lands opposed the registration because the land was propert" of the #nited States and not propert" of Catbalogan. $. The lower court ruled in fa%or of Catbalogan. The !irector of Lands, represented b" the &ttorne"'(eneral, appealed to the Supreme Court.

$etitioner%s (Municipality of Catbalogan! argu&ents# 1. The parcel of land was acquired through possession and material occupation for se%eral "ears . The parcel was being occupied b" Catbalogan as a dul" organi)ed municipal corporation. $. The parcel should be its propert" b" %irtue of Chapter 6 of &ct * 6, since it a. +ossessed the land b. ,nclosed it with a fence c. Culti%ated it for man" "ears -around .0 to ./ "ears0 d. Constructed a courthouse, an important municipal building, on it

'espondent%s (Director of Lands! argu&ents# 1. The land was not municipal propert"1 it was propert" of the 2nsular (o%ernment. -i.e. the land was State propert"0 . The e%idence that Catbalogan presented was insufficient and did not satisf" its claims. (ssue)s# *o +,o& does t,e parcel of land belong to- t,e &unicipality of Catbalogan or t,e (nsular Govern&ent. Municipality of Catbalogan /eld)'atio# The parcel of land belongs to Catbalogan because it is part of its patrimonial propert". /istorical 0asis 1. !uring the beginning of the Spanish occupation, the polic" was to see3 out a 4nucleus of inhabitants5 and establish pueblos, and later barrios, with the 4nucleus of inhabitants5 at the center.

. The administrati%e authorit" of a pro%ince, representing the (o%ernor'general, had the authorit" to designate the territor" of new pueblos. $. The Spanish officials tas3ed to coloni)e the +hilippines obser%ed the Laws of the 2ndies in la"outing new towns6 a. Law 6, Title /, 7oo3 .6 within the boundaries of a town, there must be at least $0 residents, and each resident must ha%e a house b. Law 8, Title /, 7oo3 .6 whoe%er wishes to establish a new town of onl" 10'$0 residents shall be granted the time and territor" necessar" for the purpose and under the same conditions c. Law 8, Title 8, boo3 .6 manner of allotment of territor" b" the pro%incial go%ernment i. &llotment of territor" for the entire pueblo itself ii. &llotment of territor" for public lands, pastures, common areas within the pueblo iii. The remaining area will be di%ided into . parts, 1 for the principal financier of the pueblo, and $ for the rest of the settlers d. Law 9, Title 8, 7oo3 .6 casas reales -municipal buildings0, the cabildo, the conce:o, customs buildings, and the li3e shall be constructed between the main square and the church e. Law 1., Title 8, 7oo3 .6 %icero"s ha%e the authorit" to designate common lands, pastures, and public lands for those pueblos which ha%e none -7#T T;,< C&==>T !,S2(=&T, &R,&S ?,&=T @>R C;#RC;,S >R C>#RT;>#S,S 7,C&#S, T;&T &#T;>R2T< >=L< L2,S A2T; T;, +R>B2=C2&L (>B,R=?,=T0 f. Law 1, Title 1$, 7oo3 .6 %icero"s ha%e the authorit" to designate to each %illa and lugar additional lands and lots which the" ma" need, but the territor" must not be detrimental to a third part" and the" must send statements of the designations to the go%ernment .. The municipalit" of Catbalogan is the pro%incial seat of Samar. 2t is possibl" the first and oldest pueblo in the pro%ince. /. The inhabitants of a pueblo, being required to build decent and habitable municipal buildings b" paragraph * of the ro"al ordinances of @ebruar" 6, 1869, ma" be assumed to ha%e built it on their own ground &@T,R the pro%incial go%ernment had designated territor" for it according to the Laws of the 2ndies. 6. The land designated for a church and the land designated for a courthouse is considered propert" of the municipalit" because no pueblo can eCist administrati%el" without ha%ing a church and a courthouse which represents the seat of its local authorit" and municipal go%ernment. The area meant for a church or a courthouse is granted b" the pro%incial go%ernment, following the Laws of the 2ndies. Thus in this case, the parcel of land in question is patrimonial propert" of Catbalogan. 8. The courthouse and the church of a pueblo were alwa"s built on opposite sides of the pla)a ma"or -the main square0. The pla)a ma"or was alwa"s within the inhabited area of the pueblo while the common areas or pastures were not. 2n this case, the parcel of land in question is well within the pla)a ma"or of Catbalogan and cannot be considered a common area or a pasture. The parcel of land is part of the municipal assets of Catbalogan. 2t is patrimonial propert". Civil La+ 0asis

1. That Catbalogan has possession and ownership of the parcel further wea3ens the !irector of LandsD position. . &ccording to pertinent laws, a municipal corporation such as Catbalogan ma" %alidl" own land6 a. &rticle $.$, Ci%il Code6 propert" of pro%inces or towns is di%ided into propert" for public use and patrimonial propert" b. &rticle $.., Ci%il Code6 propert" for public use in pro%inces and towns comprises pro%incial and town roads, squares, streets, fountains, public waters, promenades, and public wor3s of general serci%es supported b" said towns or pro%inces. &ll other propert" is patrimonial c. Section of the ?unicipal Code6 (a) Pueblos incorporated under this Act shall be designated as municipalities (municipios), and shall be known respectively by the names heretofore adopted. Under such names they may sue and be sued, contract and be contracted with, ac uire and hold real and personal property for the general interest of the municipality, and e!ercise all the powers hereinafter conferred upon them. (b) All property and property rights vested in any pueblo under its former organi"ation shall continue to be vested in the same municipality after its incorporation under this Act.# $. Thus, based on these laws, municipalities li3e Catbalogan ha%e the right to acquire real and personal propert". .. Catbalogan should be considered the owner of the parcel because a. upon its founding, it was gi%en the land b" the pro%incial go%ernment. 2t acquired eCclusi%e ownership of the parcel for the purposes of erecting a courthouse. The records of the case show no contrar" proof. b. 2t had been occup"ing the propert" far longer than the period required for eCtraordinar" prescription based on article 1*/* of the Ci%il Code -occupation period6 .0'./ "ears0 c. The presumption that it had been holding the land as an owner had not been rebutted Ot,er Opinions of t,e Court 1. Catbalogan is the owner regardless of the fact that a document representing the record of the concession and award of the parcel was not presented because a. &s a %er" old municipalit", it has undergone man" changes in staff b. Ahile the original capitan pedaneo ma" ha%e held the document, it would not be a surprise if through the course of his man" successors, the document ma" ha%e been lost c. 2t would actuall" be more of a surprise if the document still eCisted . !espite the lac3 of the document, CatbaloganDs peaceful occupation of the parcel is more than enough to represent its title. $. 2napplicable laws and :urisprudence6 a. Law 9, Title $, 7oo3 6 and &rticle /$ of the ordinances of good go%ernment b. Ro"al decrees of @ebruar" 9, 199$, &ugust 1, 199$, and Eanuar" 18, 199/ c. !octrine of Cit" of ?anila % 2nsular (o%ernment6 the parcel in this case is a building lot absolutel" required b" Catbalogan at the beginning of its organi)ation1 that case in%ol%ed a common area d. !octrine of &guado % Cit" of ?anila6 Catbalogan, in the eCercise of the right of ownership o%er its own propert", has a legall" recogni)ed independent personalit" of its own and is not a mere deligate of the central authorit"

!igested b"6 !iane &gustin