G.R. Nos. L-6585, L-6602, and L-6604; March 22, 1912
Eulalio Lagariza, Laureano Saba, and Justiniano Garcia vs. The Commanding General of the Division of the Philippines

FACTS

Petitioners Eulalio Lagariza, Laureano Saba, and Justiniano Garcia filed separate applications for land registration covering parcels located within the Biliran military reservation, which was established by executive order of the U.S. President and proclaimed by the Governor-General. Their applications were filed in May 1909. The Commanding General of the Division of the Philippines opposed, arguing that the lands were U.S. government property and that the applications were filed beyond the six-month period prescribed by Act No. 627 (as amended) for claiming private lands within military reservations. The notice required under the Act was published and posted in August 1908, but personal service of the notice to the petitionerswho were living on and in visible possession of the landswas effected only in December 1908. The Court of Land Registration overruled the opposition and granted the applications, prompting this appeal.

ISSUE

Whether the six-month period for filing claims under Act No. 627 begins to run from the date of the notice’s publication/posting or from the date of personal service on occupants living on the military reservation.

RULING

The Supreme Court affirmed the lower court’s decisions, holding that the six-month period for persons living upon or in visible possession of the land runs from the date of personal service of the notice, not from the date of publication or posting. Act No. 627 distinguishes between two classes: (1) absentees, for whom service is complete upon publication and posting, and (2) occupants in visible possession, who are entitled to personal service. Since the petitioners were personally served in December 1908, their applications filed in May 1909 were within the six-month period. The Court rejected the appellant’s contention that the period began from the notice date, as that would deprive occupants of a meaningful opportunity to assert their claims.