G.R. No. L-23481 June 29, 1972
BISHOP OF CALBAYOG, applicant-appellant, vs. THE DIRECTOR OF LANDS and THE MUNICIPALITY OF CATARMAN, SAMAR, oppositors-appellees.

FACTS

The Bishop of Calbayog filed an application for land registration covering three parcels in Catarman, Samar. The lower court adjudicated Lot 2 to the Municipality of Catarman as a public plaza and declared portions of Nalazon and Anunciacion streets traversing Lots 1 and 2 as public thoroughfares. It also declared the eastern portion of Lot 1 as a public plaza, confirming the Bishop’s title only to the remaining western portion of Lot 1 and to Lot 3. The Bishop appealed, contesting the adjudication of Lot 2 and the eastern portion of Lot 1 as public properties.

ISSUE

Whether Lots 1 and 2, or portions thereof, are public properties (plaza or streets) not subject to private registration, or are owned by the Bishop of Calbayog.

RULING

The Supreme Court modified the lower court’s decision. It affirmed that Lot 2 is a public plaza and Nalazon Street is a public thoroughfare, thus not registrable. However, it reversed the ruling on the eastern portion of Lot 1. The Court found the Municipality was in default regarding Lot 1 and failed to substantiate its claim that the area was a public plaza. The evidence showed this portion was used for church activities, contained a religious statue, and was not used for municipal functions. The path claimed as an extension of Anunciacion Street was determined to be a private pathway for parishioners. Therefore, the Bishop’s title to the entire Lot 1 (except the area occupied by Nalazon Street) and to Lot 3 was confirmed for registration.