GR 41918; (July, 1935) (Digest)
G.R. No. 41918 ; July 31, 1935
SOFRONIO HACBANG, Bishop of the Diocese of Samar and Leyte, applicant-appellant, vs. the DIRECTOR OF LANDS and THE MUNICIPALITY OF LAOANG, oppositors-appellees.
FACTS
The Roman Catholic Bishop of the Diocese of Samar and Leyte applied for registration of two parcels of land (Lots 1 and 2) in Laoang, Samar. The Director of Lands and the Municipality of Laoang opposed, claiming the eastern portion of Lot 1 and the entire Lot 2 were public plazas. The trial court ordered registration of Lot 1, except the disputed eastern portion, and declared that eastern portion and Lot 2 as public plazas. The Bishop appealed. The evidence showed that a church, belfry, and convent had existed on Lot 1 since before 1869. After a fire in 1869, provisional structures were built on Lot 2 while the original structures were rebuilt on Lot 1. Fourteen stone pillars for the Way of the Cross had been erected on Lot 2 from time immemorial. Lot 2 had also been used as a Catholic cemetery. The municipality later used portions of the lands for a school, municipal building, military exercises, and erected a Rizal monument on Lot 2, against which the Church protested.
ISSUE
Whether the disputed portions of Lot 1 and the entire Lot 2 are owned by the Roman Catholic Church or are public plazas belonging to the state or municipality.
RULING
The Supreme Court reversed the trial court’s decision. It held that the Roman Catholic Church had acquired ownership through open, continuous, and exclusive possession under a claim of ownership for more than half a century. The presence of the Way of the Cross pillars and use as a cemetery on Lot 2 conclusively proved the Church’s possession and ownership. The temporary use by the municipality for public buildings and the erection of the Rizal monument did not divest the Church of ownership, as such uses were permissive or tolerated and did not interrupt the Church’s possession. The Court ordered the registration of both Lots 1 and 2, with all improvements except the Rizal monument, in the name of the applicant-appellant.
AI Generated by Armztrong.