GR 37913; (November, 1933) (Digest)
G.R. No. 37913 ; November 24, 1933
ROSALIA ROSADO, applicant-appellant, vs. THE DIRECTOR OF LANDS, ET AL., oppositors-appellees.
FACTS
Rosalia Rosado applied for the registration of a 966-hectare parcel of land in Calumpang, Milagros, Masbate. She claimed title through a 1928 purchase from the heirs of Serapion Dimen and Gavino Vinluan, who had acquired the land from Alejandro Danao in 1920. Alejandro Danao originally acquired the land from the Spanish Government in 1886 through a public auction. The Spanish Government’s expediente and the deed of sale to Danao specifically described and adjudicated a tract of land containing exactly 144 hectares, 89 ares, and 70 centiares, with boundaries stated as public domain to the north and west, the seashore to the east, and forest/public domain to the south. All subsequent deeds and tax declarations, including Rosado’s own deed, consistently referred to this 144-hectare area. The Director of Lands and the Director of Forestry opposed the application for the larger 966-hectare claim.
ISSUE
Whether Rosalia Rosado is entitled to registration of the entire 966-hectare parcel, or only the 144-hectare area originally purchased by Alejandro Danao from the Spanish Government.
RULING
The Supreme Court affirmed the lower court’s judgment, modified to reserve the rights of three minor heirs. Rosalia Rosado is entitled to registration only of the 144-hectare, 89-are, and 70-centiare area, not the 966 hectares applied for. The Court held that the original Spanish title was based on a specific area (144 hectares) determined by a survey, and the minimum bid at auction was calculated on that area. All documents in the chain of title consistently referred to that specific area. Alejandro Danao’s testimony confirmed he only occupied and claimed that 144-hectare area. The principle that definite boundaries control over an area description did not apply because the boundaries in the deed (“public domain,” “forest”) were not definite and ascertainable natural boundaries, and the record clearly showed the parties contracted with reference to the specific area. The registration is subject to a reservation of the rights of the minor heirs Jorge, Felipe, and Antonio Dimen, whose interests were not legally acquired by Rosado. Costs were taxed against the appellant.
AI Generated by Armztrong.