G.R. No. 32133 , et al. February 25, 1931
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, petitioner, vs. LUIS ADELANTAR, ET AL., claimants. MARTA ESPINOSA, ET AL., appellants. THE DIRECTOR OF FORESTRY and THE DIRECTOR OF LANDS, appellees.

FACTS

The Government instituted a cadastral proceeding over a tract of land in Barotac Nuevo, Iloilo, which consisted largely of mangrove swamps under the administration of the Bureau of Forestry. The Bureau of Lands and various private individuals claimed the lots. The Court of First Instance declared the lots public lands, except for certain cultivated portions. The private claimants appealed, asserting possession by themselves and their predecessors for long periods.

ISSUE

Whether the private claimants have acquired a registrable title to the lots under the provisions of Act No. 2874 (Public Land Act).

RULING

No. The Supreme Court affirmed the lower court’s decision, declaring the lots public lands. The claimants’ possession was merely precarious. Most lots were not declared for taxation, and the Bureau of Forestry had historically issued licenses for wood-cutting and fishpond construction on the land to some of the claimants. The claimants failed to prove any Spanish title or any legal means of acquiring the land. They also failed to prove the open, continuous, exclusive, and notorious possession required by Section 45(b) of Act No. 2874 , which necessitates possession since before July 26, 1894, and continuous until at least July 1, 1919. The statute of limitations does not run against the Government for public lands.

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