SENA v.

THE MANILA RAILROAD COMPANY and THE INSULAR

GOVERNMENT
Johnson, J.
September 7, 1921

Facts:

In question is the denial of an application for registration of a parcel of land

situated in the barrio of Palsabagon, municipality of Pagbilao, Province of
Tayabas, containing three lots of which lot No. 2, is claimed and questioned
by the petitioner. Lot No. 2 was amongst those who have been included as
part of the reserved lands declared for railroad purposes by the Governor-
General in his Executive Order No. 112, dated Dec. 3 1914.

Grounds for the denial is that the application for land registration by
petitioner had not been presented within the time required by law, which is
within six months from the date of the notice issued by the Judge of the CFI
of Tayabas, dated Dec. 21, 1914. Said notice stated that those who have
claims to private lands, buildings and interests within the resevred area must
present such claims in said court for registration under 'The Land
Registration Act' within six calendar months from the date of the notice.
Failure not to present the same within the required period would mean that
all unclaimed private property be adjudged as public lands and such claims
beyond the prescribed period shall be barred. Petitioner received notice for
registration on May 22, 1915 and merely manifested to the Court his intent
to present a petition for registration. Only on August 9, 1918, or three years
after the petitioner received the notice, did the same file the petition for
registration.

Issue/s:
1. W/N EO 112 is void - No.
2. W/N petitioner fulfilled the requirements under the law to preserve his
rights to the land he claimed - No

Ratio:

1. The Court held that the Governor-General, in issuing EO 112, did not
reserve private property but only all public lands within the limits described.
It is clear that there is no attempt under the EO to appropriate private
property without due process of law and without compensation as it was
expressly ordered that all private lands or interests therein within the limits
described, ought forthwith to be brought within the operation of 'The Land
Registration Act,' and to become registered land within the meaning of said
'The Land Registration Act,' in pursuance of the provisions of Act No. 627 of
the Philippine Commission."
2. The Court held that the appellant did not present any claim for the
registration of the land in question, but merely notified the Court that he was
about to present such claim. Such notice by the petitioner is wholly
unnecessary and has no legal effect, in that he could have just filed then and
there the application for registration. Petitioner presented the claim only
after three years, of which the required period of application has already
elapse