PETER JOHNSON, recurrente-apelante, vs. MOISES UBAÑA, recurrido-apelado.
FACTS
Between October 4 and 10, 1933, Felipe España, Moises Ubaña, Filomeno Agris, and Ceferino Aguirre located a mine named “Maximo” in Bilaobilao, Santa Rosa, Mambulao, Camarines Norte, and placed the corresponding posts for its identification. On November 10, 1933, Ceferino Aguirre went to the office of the mining recorder in Daet to register the declaration of location for this mine. The recorder, Baldomero Lapak, upon arrival, told Aguirre that, as it was already closing time, he should return the next day. This is sufficient to consider the registration as made on November 10, 1933, as declared by the Court of Appeals. On January 24, 1934, the recorder wrote to Aguirre notifying him that the registration of his declaration was denied for being filed out of time. However, after Aguirre appealed this resolution of the Mining Recorder of Camarines Norte to the chief of the mineral resources division of the Department of Agriculture and Commerce, the registration of this declaration was ordered with the date of November 11, 1933. On the other hand, on November 14, 1933, another declaration of location for the same mine “Maximo,” named “Masaya,” was registered in the mining registry of Camarines Norte by Peter Johnson. There is no dispute that both “Maximo” and “Masaya,” registered by Aguirre and Peter Johnson respectively, refer to the same mine. A dispute arose in the Court of First Instance of Camarines Norte between Moises Ubaña, who acquired the rights to the mine “Maximo,” and Peter Johnson, who registered the same mine as “Masaya,” regarding the preference between both registrations. The Court of First Instance declared the registration of the mine “Maximo,” named “Masaya,” by Peter Johnson as preferential. The Court of Appeals confirmed the decision of the Court of First Instance, and from this decision of the Court of Appeals, an appeal is now made to the Supreme Court.
ISSUE
Whether the registration of the declaration of location for the mine “Maximo” by Ceferino Aguirre (and subsequently acquired by Moises Ubaña) was valid and timely made within the 30-day period prescribed by law, thereby granting it preference over the later registration by Peter Johnson.
RULING
The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals, with costs against the appellant. The Court held that the registration made on November 10, 1933, was done on the thirty-first day, after the 30-day period fixed by law, as the location was completed on October 10, 1933. The time elapsed from October 11, 1933, inclusive, to November 10, 1933, inclusive, is 31 days. However, the Court ruled that when the registration is made one day after the deadline, a delay that is perfectly excusable, and there was no other adverse right that could be affected, as in this case, it should not be the intention of the law to declare such registration invalid. Furthermore, the Supreme Court cannot alter the conclusion reached by the Court of Appeals that the registration by the respondent (Ubaña’s predecessor) was complete and complied with all the requirements of the law.
