Case Digest: Towle v. Director of Lands, G.R. No. L-8384 (October 24, 1913)

Parties:
Petitioner-Appellant: Frank W. Towle
Respondent-Appellee: The Director of Lands

Ponente: Justice Moreland

Facts:
1. Frank W. Towle filed a petition for land registration over certain parcels in Iloilo.
2. The original possessor, Dimas Enriquez, acquired the land (specifically Parcel B) by occupation in 1891 when it was still public land.
3. The land was subsequently sold to Towle’s predecessors and had been in open, peaceful, notorious, and uninterrupted possession for over 20 years.
4. The Court of Land Registration initially granted the petition based on Section 54(6) of Act No. 926 (possession of agricultural land for over 20 years).
5. Later, the court issued an “additional decision” sua sponte (without notice to Towle), requiring him to pay P5 per hectare as a condition for registration. It based this on Section 65 of Act No. 926 , relating to proceedings begun under the Spanish regime (specifically the Royal Decree of January 26, 1889).

Issue:
Whether the petitioner, who has acquired title through open, continuous, and exclusive possession under Act No. 926 , can be compelled to pay the P5 per hectare fee under Section 65 for land originally occupied during the Spanish regime.

Ruling:
No. The Supreme Court ruled in favor of the petitioner.

Reasoning:
1. Section 65 is not applicable. This provision applies specifically to cases where:
A proceeding to obtain title was begun under Spanish law, and
That proceeding and the facts underlying it constitute the sole basis for the applicant’s claim.

3. Right to Elect Remedy. A petitioner who qualifies under multiple provisions of the law has the right to choose under which provision to seek registration. Towle validly elected to abandon any inchoate claim under the Spanish proceeding and instead rely on the title perfected by prescription under American law.
4. Consequence: Since registration was properly decreed under Section 54(6), the condition to pay P5 per hectare under Section 65 was improperly imposed.

Dispositive Portion:
The judgment of the Court of Land Registration was MODIFIED by deleting the order for payment of P5 per hectare. As modified, the judgment granting registration was AFFIRMED. No costs were awarded.