G.R. No. 24987, August 21, 1926
MAURO PRIETO, petitioner-appellant, vs. THE DIRECTOR OF LANDS, ET AL., opponents-appellees.

FACTS

Mauro Prieto filed an application for the registration of three parcels of land in Cataingan, Masbate. The Director of Lands, the Director of Forestry, and several private individuals opposed the application. The trial court denied Prieto’s application in its entirety. Prieto appealed, arguing that the court erred in: (1) not finding the lands applied for to be the same as those described in his documentary evidence; (2) questioning the increase in area; (3) not considering his evidence of quiet, public, and adverse possession for over forty years; (4) not ruling on the specific oppositions; and (5) denying the application.

ISSUE

Whether Mauro Prieto is entitled to the registration of the lands applied for, considering the oppositions filed against his application.

RULING

The Supreme Court PARTIALLY GRANTED the application. The Court held that:
1. The lands applied for were sufficiently identified as the same lands described in Prieto’s documentary evidence (Exhibits A and B), as they shared the same natural boundaries. The considerable difference in area was attributed to more accurate modern surveying methods.
2. However, Prieto’s claim of possession was overthrown with respect to specific portions of the land. The evidence presented by twenty-nine (29) private oppositors proved that they had been possessing and cultivating distinct portions of the land under claim of ownership for a significant period.
3. Furthermore, public roads within the application, as noted in the opposition of the Director of Forestry, must be excluded pursuant to Section 39 of Act No. 496 (the Land Registration Act).
4. The portion claimed by oppositor Basilio Pellejera was correctly excluded, as Prieto had withdrawn his application for that part during trial.

DISPOSITIVE PORTION:
The appealed judgment was affirmed insofar as it denied registration of the contested portions and reversed insofar as it denied registration of the remainder. The Court ordered the registration of the lands in the name of Mauro Prieto and his wife, after excluding: (a) the public roads; (b) the specific portions claimed and proven by the 29 named private oppositors; and (c) the portion claimed by Basilio Pellejera. The exclusion was to be effected upon Prieto’s submission of amended plans approved by the Bureau of Lands. No costs were awarded.