GR L 3783; (January, 1909) (Digest)
G.R. No. L-3783
DAMASO SANTIAGO, ET AL., plaintiffs-appellees, vs. THE INSULAR GOVERNMENT, defendant-appellant.
January 26, 1909
FACTS:
On May 2, 1906, Damaso Santiago, et al. (plaintiffs-appellees) filed a petition in the Court of Land Registration to register a fish pond or breeding ground (viveros de peces) located in Dampalit, Malabon, Rizal Province, under the Torrens system pursuant to Act No. 926 . The Insular Government (defendant-appellant) opposed the petition, contending that the lands were not agricultural lands but fish ponds, and thus not registrable under Act No. 926 . The lower court, after hearing the evidence, ordered the registration of the lands and the issuance of a certificate to the plaintiffs. The Insular Government appealed this decision.
ISSUE:
Are fish ponds (viveros de peces) considered “agricultural lands” and therefore subject to registration under the Torrens system as provided by Act No. 926 of the Philippine Commission?
RULING:
Yes, fish ponds are considered agricultural lands and are subject to registration. The Supreme Court affirmed the decision of the lower court. The Court referenced its previous ruling in Mapa vs. The Insular Government ( G.R. No. 3793 , 10 Phil. Rep., 175), where it held that lands described as fish ponds are agricultural lands and are registrable under Act No. 926 . The Court stated its continued adherence to this established doctrine. Consequently, the judgment of the lower court was affirmed, with costs against the appellant.
