G.R. No. 35824; August 21, 1931
THE DIRECTOR OF LANDS, in behalf of the Government of the Philippine Islands, petitioner, vs. BRAULIO BEJASA and LEOPOLDO ROVIRA, Judges of the Court of First Instance of Iloilo, and ALEJANDRO PALMA, respondents.

FACTS

In a cadastral case, final judgment was rendered on February 23, 1924, declaring Lot No. 4728 as public land. On March 19, 1931, respondent Alejandro Palma filed a motion to set aside the order of general default, admit his answer, and have the lot adjudicated to him. The respondent judges granted the motion. The Director of Lands filed a petition for certiorari to annul these orders, arguing that Palma’s motion was filed beyond the one-year period under Act No. 3672, that the government was not notified, and that Palma failed to allege compliance with all legal requisites, including that the land was declared public within ten years prior to the Act’s approval.

ISSUE

Whether the respondent judges acted with grave abuse of discretion or in excess of jurisdiction in issuing the orders granting Palma’s motion.

RULING

No. The Supreme Court denied the petition. It held that the one-year period under Act No. 3672 should be computed from March 26, 1930 (the date of the Governor-General’s proclamation), making Palma’s March 19, 1931 motion timely. The claim of lack of notification was immaterial since the Director of Lands was able to file a motion for reconsideration. Lastly, the lot was declared public land on February 23, 1924, which was within the ten-year period prior to the Act’s effectivity on February 7, 1930, thus complying with that requisite.

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