GR L 45126; (April, 1939) (Digest)
G.R. No. L-45126; April 19, 1939
THE DIRECTOR OF LANDS, applicant-appellee, vs. ALBINO PANUNCIO, claimant-appellant.
FACTS
In a cadastral case, after the land was declared public land, Albino Panuncio filed a motion to file an answer claiming ownership. The court granted the motion and set a hearing. Panuncio failed to appear on the scheduled date despite notice, leading the court to dismiss his answer. He subsequently filed various petitions (for revision of decree, new trial, taking of depositions), all of which were denied. Finally, he filed a petition to reopen the case under Act No. 4043 , which was also denied. He appealed this denial.
ISSUE
Whether the court erred in denying Panuncio’s petition to reopen the cadastral proceedings under Act No. 4043 .
RULING
No, the court did not err. Act No. 4043 allows reopening for claimants who were in actual possession during the survey but, for a justifiable reason, failed to file their claim within the legal period, resulting in the land being declared public domain. The law is inapplicable to Panuncio because he had the opportunity to file his claim (which he did) and to present evidence. His failure was due to his own negligence in protecting his rights, not a justifiable reason under the statute. The appealed resolution denying the petition was affirmed.
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