DE ALDECOA vs.

INSULAR GOVERNMENT
G.R. NO. L-3894
MARCH 12, 1909

FACTS:

1. A certain Juan Ibañez de Aldecoa applied for registration of his title in a certain parcel of land, in
1904, in the town of Surigao.

2. Said registration was deemed in accordance with the New Land Registration Act.

3. Objection was made on the part of the Insular Government on grounds that said move by de
Aldecoa was not in accordance with the laws then in force being the land in question was the
property of the Government of the United States and is now under the control of the Insular
Government.

4. De Aldecoa, in his amended petition, relied on the pertinent provisions of Section 54 of Act No.
926 that gives opportunity to concerned occupants of public lands to perfect their claims as in
the present case, wherein a parcel of land that is susceptible of being cultivated, and ceasing to
be agricultural land, was converted into a building lot.

ISSUE:

Whether a parcel of land, that is susceptible of being cultivated, and, ceasing to be agricultural land, was
converted into a building lot, is subject to the legal provisions in force regarding government public
lands which may be alienated in favour of private individuals or corporations

HELD:

1. From deduction, with the exception of those comprised within the mineral and timber zone, all
lands owned by the State or by the sovereign nation are public in character, and per se alienable
and, provided they are not destined to the use of the public in general or reserved by the
government in accordance with law, they may be acquired by any private or juridical person.

2. The interpretation that urban real estate, that is not mineral or forest in character, be
understood to fall within the classification of agricultural land, is deemed to be most rational
and beneficial to public interests.