GR L 2674; (March, 1908) (Digest)
G.R. No. L-2674
March 25, 1908
JOAQUIN JOVER Y COSTAS, petitioner-appellant, vs. THE INSULAR GOVERNMENT AND THE CITY OF MANILA, respondents THE INSULAR GOVERNMENT, appellant.
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FACTS:
Joaquin Jover y Costas, the petitioner-appellant, filed a petition with the Court of Land Registration to register a parcel of land under the Torrens system. The land, described as having an area of 63,342.70 square meters, was bounded on the front by the Pasig River, on the right by the Vitas Canal or creek, on the left by grounds and buildings of the Bureau of Coast Guard and Transportation, and on the back by Manila Bay. The petitioner claimed absolute ownership, tracing his title through a succession of ownership from a grant made by the “Superior Government of these Islands” to Jose Camps. Documents detailing the chain of title, including judicial sales and inheritances, were presented, and the examiner of titles reported that Jover’s title was valid and registrable.
Both the City of Manila and the Insular Government opposed the registration. Their opposition was based on the contention that the land, particularly portions that were likely foreshore or reclaimed from tidal waters, belonged to the public domain and therefore could not be subject to private ownership. The Court of Land Registration rendered a judgment on the application.
ISSUE:
Whether the “Superior Government” (Governor-General) of the Philippines during Spanish colonial rule possessed the authority to make an absolute and unconditional grant of land, including foreshore or tidal areas, thereby allowing such land to be privately owned and registered.
RULING:
The Supreme Court affirmed the judgment of the Court of Land Registration, without costs to either party.
While the majority opinion did not provide a unified reasoning for its conclusion, the affirmation of the lower court’s judgment implies that the Supreme Court upheld the denial or limitation of the registration of the entire claimed land, particularly the portions identified as foreshore or reclaimed from tidal waters. This implicitly supports the view that the power to grant land under tidal waters was a royal prerogative reserved exclusively to the King of Spain and was not delegated to the Governor-General. Consequently, any such grants made by the Governor-General were considered void, and the land remained part of the public domain, thus precluding its registration under private ownership.