G.R. No. L-7054; January 20, 1913
Municipality of Hinunangan vs. The Director of Lands

FACTS

The Municipality of Hinunangan sought registration of its title to several parcels of land, including a lot containing 10,328.8 square meters upon which a stone fort, used historically for defense against Moro invasions, was built. The Director of Lands appealed the registration of this particular parcel. The municipality claimed ownership, citing its exercise of acts of ownership, such as permitting occupation and the erection of private houses on the land. The state argued the fort was constructed for national defense, making it and the land public property of the state.

ISSUE

Whether the land upon which the old stone fort stands is property of the Municipality of Hinunangan or remains property of the state.

RULING

The land is property of the state. The Court reversed the judgment ordering registration of the municipality’s title to that parcel and dismissed the petition as to it. The fortress was erected for national defense, constituting public property under Article 339 of the Civil Code. Under Article 341, when such property ceases to be used for public defense, it becomes part of the private property of the state, not of the municipality. The municipality’s recent acts of ownership did not convert the property to municipal ownership, as the presumption of a state grant in favor of a municipality applies only to property used distinctly for municipal public purposes, which was not proven here. The judgment was affirmed in all other respects.