GR 40851; (July, 1935) (Digest)

G.R. No. 40851; July 31, 1935
THE DIRECTOR OF LANDS, applicant-appellee, vs. THE ROMAN CATHOLIC BISHOP OF ZAMBOANGA, oppositor-appellant. THE MUNICIPALITY OF MISAMIS, oppositor-appellee.

FACTS

In a cadastral case, the Roman Catholic Bishop of Zamboanga sought registration of four contiguous lots in the town center of Misamis. The Director of Lands opposed, claiming the lots were public domain reserved as parks under a Governor-General’s Proclamation. The Municipality of Misamis also opposed, claiming three lots and a portion of the fourth as public plazas. The trial court ordered registration of lot No. 4 (with church, belfry, and convent) in favor of the Bishop, and lots Nos. 1, 2, and 3 in favor of the Municipality. Only the Bishop appealed.

ISSUE

Whether the Roman Catholic Bishop of Zamboanga has a registrable title to the four lots in question.

RULING

Yes. The Supreme Court reversed the trial court’s judgment and ordered the registration of all four lots in favor of the Roman Catholic Bishop of Zamboanga. The Court held that the Church had been in open, continuous, and exclusive possession of the entire parcel for about a century and a half under a claim of ownership, dating back to before 1789. The lands were originally designated by the State for religious purposes. The Municipality’s claim of ownership based on the existence of a street extension and a Rizal monument was untenable, as these were merely acts of tolerated possession and did not confer title. Furthermore, the lots could not be considered public plazas susceptible to registration in the Municipality’s name, and the Governor-General’s proclamation reserving them as parks was invalid because the lands were not part of the public domain but were privately owned by the Church.

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