2/6/24, 12:05 AM PHILIPPINE REPORTS ANNOTATED VOLUME 103

[No. L-11817. April 30, 1958]

JAIME ROSARIO, petitioner, vs. AUDITOR GENERAL,

respondent.

Appeal from the decision of the Auditor General rejecting

petitioner's claim for money against the Government.
Appeals from decisions of the Auditor General must be
perfected by
1133

filing with this Court a petition for review within 30 days

after notice of the decision (Rule 45, sec. 1). The present
petition for review was filed beyond the thirty-day period,
and, hence, should be dismissed. On the equitable side, it
appears that the right of way was acquired in 1914 from
Braulio Alejo of Naic who was then the owner. From 1914
to 1955, when the matter was brought to the attention of
the Auditor General, more than 30 years had elapsed.
Therefore, the latter may not be blamed for holding that
the claim has prescribed, specially where, due to loss of
papers during the war, the Government can not be sure
that no payment or cession has been made (Jaen vs.
Agregado, G. R. No. L-7921, September 28, 1955).
Petitioner calls attention to the fact that he has a Torrens
Certificate for a land of seventeen hectares, which includes
the small lot occupied by the road. Although prescription
never prevails against a Torrens Title, this road existed
before 1923, and petitioner's title issued in that year can
not include and did not include such highway.
This belated appeal is dismissed, with costs. Bengzon, J.,
ponente.

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