Scribd
Upload
57 views1 page

Case Digest

1) Petitioner Montano filed for registration of land used as a fishery under Section 54(6) of Act 926, which covers confirmation of "agricultural public lands" subject to private appropriation. Two entities opposed the registration. 2) The Supreme Court affirmed the registration court's decision in favor of Montano. It cited Spanish law allowing private ownership of swamps and marshes not directly connected to the sea, in line with the Treaty of Paris to avoid conflicting with vested interests. 3) The Court defined the difference between public lands and government lands, finding lands used for fisheries could be registered as private property through ten years of occupation under Act 926.

Uploaded by

Tay Wasnot Tus
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
57 views1 page

Case Digest

1) Petitioner Montano filed for registration of land used as a fishery under Section 54(6) of Act 926, which covers confirmation of "agricultural public lands" subject to private appropriation. Two entities opposed the registration. 2) The Supreme Court affirmed the registration court's decision in favor of Montano. It cited Spanish law allowing private ownership of swamps and marshes not directly connected to the sea, in line with the Treaty of Paris to avoid conflicting with vested interests. 3) The Court defined the difference between public lands and government lands, finding lands used for fisheries could be registered as private property through ten years of occupation under Act 926.

Uploaded by

Tay Wasnot Tus
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

10. Isabelo Montano vs. The Insular Gov.

(1909) Public lands and Public domain are equivalent


which includes all lands of the government
FACTS: which are subject to private appropraiation.
Petitioner Montano filed in the Court of Land
Registration for the registration of his land Government lands include all lands part of
in Libis, Caloocan which was used as a the Public Lands, and all other lands for
fishery. Such registration was applied under public use.
Sec. 54 (6) of Act 926 which covers the
confirmation of "agricultural public lands" "Public lands" is held to be equivalent to
subject to private appropriation. "public domain," and dos not by any means
include all lands of Government ownership,
The petition was opposed by two entities. The but only so much of said lands as are thrown
first was by Obras Pias de la Sagrada Mitra open to private appropriation and settlement
who contended that he was the absolute owner by homestead and other like general laws.
of all dry land on the eastern boundary of Accordingly, "government land" and "public
the fishery. The second was by the Solicitor- domain" are not synonymous items; the first
General on behalf of the Director of Lands. includes not only the second, but also other
The SG contended that the land in question lands of the Government already reserved or
belonged to the uS Government, who has devoted to public use or subject to private
authority over lands under the Insular right. In other words, the Government owns
Government of the Philippines. real estate which is part of the "public
lands" and other real estate which is not
The registration court ruled in favor of part thereof."
Montano and dismissed the two oppositions,
citing Mapa vs. Insular where lands used for 2) The Supreme Court affirmed the decision of
fisheries could be registered as private the registration court, citing the Spanish
property on the strength of ten years' Law of Waters which allowed private ownership
occupation, under paragraph 6 of section 54 to swams and marshes and other ponds not
of Act No. 926 of the Phil. Commission directly connected to the sea. This was valid
in furtherance of the Treaty of Paris in
The SG appealed the decision, contending order to avoid conflict with vested
whether the definition of "agricultural interests.
public lands" as used in Act No. 926 includes
all government property not forest or mineral
in character.

He explained that such definition would put


into question the validity of Act No. 1039
which dedicates to use to the US Navy certain
ground and buildings in Cavite, and Act No.
1654, a fore-shore law regulating the control
and disposal of filled Government lands.

This is because under US laws, the lands


under the ebb and flow of the tide of
navigable waters are not in America
understood to be included in the phrase
"public lands" in Acts of Congress of United
States. Hence, such lands cannot be the
subject of private ownership.

Therefore, in the absence of specific US


Congressional legislation, it is impossible
for individuals to acquire title under the
ten years provision of Act No. 926 or unless
in conformity with the preexisting local law
of the Archipelago.

Issues:
1) Whether the term "agricultural public
land" includes all government property not
forest or mineral in character?
2) Whether the land used as fishery is
included in the term "agricultural public
lands"
Held:

1) The Supreme Court defined the difference


between Public Lands and Government Lands, as
cited in Mapa vs. Insular Government.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy