03 - Municipality of Catbalogan v Director of Lands

Facts:
Petitioner attempts to have a certain parcel of land where the
municipal courthouse stands, be registered as property of the
municipality.
Respondent argues that the land belongs to the insular government.
Asks for the application of the doctrine in City of Manila v Insular
Government where the land was adjudicated in favor of the Insular
Government.
Issue:
WON the property belongs to the municipality or the insular
government?
Held: The municipality of Catbalogan owns the land
Ratio:
The Recompilation of Laws under Law 7 Title 7 Book 4, as well as
Law 8 and Law 14, allows for the formation of pueblos. Upon the
formation of pueblos, the casa reales (court-house) will be established.
The municipality of Catbalogan as the provincial seat of Samar, must
have established its pueblo and its casa reales in accordance with the
laws in the Recompilation.
The court-house building was used and enjoyed quietly and peaceably
and without any opposition until the present time.
Adjudication of the lot to the municipality of Catbalogan as duly
confirmed by the Spanish Government may be inferred from the fact of
continuous possession.
If, in accordance with the laws during the Spanish period, the casa
reales must be established in the pueblo, it is only logical that the casa
reales is established WITHIN the pueblo, i.e., within the property of
Catbalogan. In fact, the casa reales were right at the town square, next
to the church.
At present, the municipality's ownership of the land in question is
bolstered by:
the Civil Code. Art. 343 states that the provinces and towns may
have two types of property those for public use and those for
patrimonial use.
Act No. 82 (The Municipal Code) under Section 2 provides that
municipalities may sue, enter contracts, and hold property.
The fact that there is no document or title is not unusual because it
was not common practice before to document and record everything.
Re the City of Manila v Insular Government argument, the difference is
that in that case, the property in question belonged to not to the
municipality but was held in common. (i.e., not as important to the
pueblo as a casa reales)