G.R. Nos. L-6585, L-6602, and L-6604; March 22, 1912
Eulalio Lagariza, Laureano Saba, and Justiniano Garcia vs. The Commanding General of the Division of the Philippines

FACTS

Petitioners Eulalio Lagariza, Laureano Saba, and Justiniano Garcia filed separate applications in the Court of Land Registration in May 1909, seeking registration of their respective lands located within the Biliran military reservation. The Commanding General of the Division of the Philippines opposed the applications, arguing that the lands were part of a U.S. military reservation established by executive order and that the applications were filed beyond the six-month period prescribed by Act No. 627 (as amended) for claiming private lands within military reservations. The notice of the reservation was published and posted in August 1908, but personal service of the notice to the petitioners, who were living on and in visible possession of the lands, was effected only in December 1908. The Court of Land Registration overruled the opposition, prompting the Commanding General to appeal.

ISSUE

Whether the six-month period for filing claims under Act No. 627 begins to run from the date of the notice’s publication and posting or from the date of personal service to persons living on or in visible possession of the military reservation.

RULING

The Supreme Court affirmed the judgments of the Court of Land Registration. It held that for persons “living upon or in visible possession” of the military reservation, the six-month period under Act No. 627 begins to run from the date of personal service of the notice, not from the date of publication or posting. The law distinguishes between absentee claimants (who are bound by publication and posting) and those in actual possession (who require personal service). Since the petitioners were personally served in December 1908, their applications filed in May 1909 were within the six-month period. Thus, their claims were timely, and the opposition was properly overruled. No costs were awarded.