G.R. No. 34338 , December 31, 1931
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, applicant-appellee, vs. FRANCISCA ABRAN, ET AL., claimants. THE MUNICIPALITY OF BAYAMBANG and AGUSTIN V. GOMEZ, ET AL., appellants.

FACTS

The Government filed a land registration case. Private claimants Agustin V. Gomez, Consolacion M. Gomez, and Julian Macaraeg claimed ownership of various lots. The Municipality of Bayambang also claimed ownership of all the lots (Nos. 1-182). The Director of Lands and Director of Forestry opined the land was public. The Court of First Instance rejected all claims and declared the lots belonged to the Insular Government. The municipality and private claimants appealed.

ISSUE

Whether the private claimants or the Municipality of Bayambang have a registerable title to the disputed lots.

RULING

The Supreme Court modified the trial court’s decision.
1. The claim of the Municipality of Bayambang was rejected. Municipalities, as constituted, do not acquire public agricultural lands by mere possession or occupation.
2. The lots were not public land. Evidence, including a possessory information from the Spanish regime obtained by Juan Fajardo (predecessor-in-interest), showed private ownership.
3. The private claimants (Agustin V. Gomez, Consolacion M. Gomez, and Julian Macaraeg) proved open, continuous, exclusive, and notorious possession of their respective claimed parcels in the concept of owners since 1882, sufficient for registration under Section 45(b) of Act No. 2874 .
4. However, portions covered by homestead certificates of title (Exhibits 34-42) granted by the government were excluded from registration in favor of the private claimants. The homesteaders’ adverse possession and the claimants’ failure to object in time barred their claim to those specific portions.
The lots claimed by the private appellants were ordered registered in their names, excluding the homesteaded portions.

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