GR L 3793; (February, 1908) (Digest)
G.R. No. L-3793
February 19, 1908
CIRILO MAPA, petitioner-appellee, vs. THE INSULAR GOVERNMENT, respondent-appellant.
FACTS:
Cirilo Mapa, the petitioner-appellee, sought to register a tract of land approximately 16 hectares in extent, situated in Iloilo. The Court of Land Registration rendered judgment in his favor, leading the Insular Government to appeal. The lower court’s decision was based on Act No. 926 , section 54, paragraph 6, which provides for a conclusive presumption of a government grant for those in open, continuous, exclusive, and notorious possession and occupation of “agricultural public lands” for at least ten years preceding the act’s effectivity. The evidence established that the land in question is lowland, possessed by the petitioner and his ancestors for over twenty years as owners, and has been continuously used as fishponds, nipa lands, and salt deposits. Witnesses declared that the land is far from the sea, with the town of Molo situated between it and the coast. The Government’s appeal questioned whether the land, given its use, could be considered “agricultural land” within the meaning of Act No. 926 , as defined by the Act of Congress of July 1, 1902.
ISSUE:
Whether the land in controversy, used as fishponds, nipa lands, and salt deposits, constitutes “agricultural public lands” as defined by the Act of Congress of July 1, 1902, for the purposes of land registration under Act No. 926 .
RULING:
The Supreme Court AFFIRMED the judgment of the lower court.
The Court held that the Act of Congress of July 1, 1902, particularly Section 13, provides the definition of “agricultural public lands.” Section 13 states that the Government shall “make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral lands.”
Therefore, the phrase “agricultural land” as used in Act No. 926 means those public lands acquired from Spain which are not timber or mineral lands. Since the land in question, used for fishponds, nipa, and salt deposits, does not fall under the category of timber or mineral lands, it is considered “agricultural public land” for the purposes of Act No. 926 , Section 54, paragraph 6. This interpretation ensures that such lands can be subject to the disposition provisions of Act No. 926 , including homesteads, sales, leases, and free patents.