G.R. No. L-29675 September 30, 1969
REPUBLIC OF THE PHILIPPINES and THE SUPERINTENDENT OF THE PHILIPPINE MILITARY ACADEMY, petitioners, vs. HON. PIO R. MARCOS, JUDGE, Court of First Instance of Baguio City, KOSEN PIRASO, SAMAY PIRASO, COTILENG PIRASO, PETER PARAN and MARTINA PIRASO, DAISY PACNOS, SPOUSES ALBINO REYES and ISABEL SANTAMARIA, and ARTURO TONGSON, respondents.

FACTS

This is an original action for certiorari and prohibition. The petitioners, the Republic of the Philippines and the Superintendent of the Philippine Military Academy, seek to annul orders and a decision issued by respondent Judge Pio R. Marcos in Civil Reservation Case No. 1, LRC Record No. 211, a petition for reopening of judicial proceedings under Republic Act No. 931 filed by respondents Kosen Piraso, et al. The land subject of the petition is within Lots 140 and 141 of the Baguio Cadastre, which were set aside as a military reservation known as the U.S. Fleet Naval Rehabilitation Center by Executive Orders issued during the American regime. After independence, the United States relinquished its title over these lots to the Republic of the Philippines. Respondent Daisy Pacnos filed an opposition and was allowed to present evidence. The City Fiscal of Baguio, on behalf of government agencies, filed a motion to dismiss on grounds of lack of jurisdiction over the subject matter (a military reservation), bar by prior judgment or statute of limitations, and failure to state a cause of action. Respondent Judge denied the motion to dismiss and later rendered a decision decreeing the registration of a portion of the land (28,215.58 square meters of Lot 140) in favor of Daisy Pacnos. The Solicitor General’s motion to annul the decision for lack of jurisdiction was subsequently denied. Respondent Albino Reyes then moved for the issuance of a decree in his favor, alleging Daisy Pacnos had transferred her rights to him, and respondent Judge ordered the issuance of such a decree. Respondent Judge also set a hearing for the claim of the Piraso respondents. The property was later transferred to respondent Arturo Tongson. The petitioners argue that the land is part of a military reservation and thus beyond the commerce of man and not subject to private appropriation or reopening under Republic Act No. 931 .

ISSUE

Whether the respondent Judge acted without jurisdiction in taking cognizance of and granting the petition for reopening of judicial proceedings under Republic Act No. 931 with respect to a parcel of land forming part of a military reservation.

RULING

Yes. The Supreme Court granted the writs of certiorari and prohibition. The respondent Judge acted without jurisdiction. The land in question is part of a military reservation (the U.S. Fleet Naval Rehabilitation Center, later turned over to the Republic of the Philippines). Lands within a military reservation are deemed reserved for public use and are not subject to private appropriation. The cadastral proceedings for the Baguio Townsite, which included the reservation, were conducted under the specific authority of Act No. 627 , which provided that lands within the Baguio Townsite reservation, except those needed for public purposes, could be disposed of. The military reservation was established for a public purpose. Therefore, the land is not susceptible to private ownership and is excluded from the operation of the cadastral law and, consequently, from the reopening privileges under Republic Act No. 931 . Republic Act No. 931 only applies to parcels of land that have not been “alienated, reserved, leased, granted, or otherwise provisionally or permanently disposed of by the Government.” Since the land was part of a military reservation, it had been “reserved” by the Government and was thus outside the scope of the reopening statute. The orders and decision of the respondent Judge were annulled and set aside, and he was perpetually restrained from further taking cognizance of the reopening proceedings. The preliminary injunction was made permanent.