001 Mun. of Catbalogan v.

Director of Lands
[G.R. No. L-5631; October 17,1910 ]
TOPIC: Concept of Local Governments
PONENTE: Torres, J.:

AUTHOR: Nikki A
NOTES: This case discusses the history of how
municipalities were formed and their respective rights
before the LGC.

PARTIES:
Petitioner: Municipal President of the Municipality of Catbalogan
Respondent: Attorney-General Villamor on behalf of the Director of Lands
FACTS:
1. On June 19, 1908, the municipal president of the pueblo of Catbalogan, Province of Samar, filed an application
with the Court of Land Registration in which he asked for the registration, in conformity with the Land
Registration Act, of a parcel of land which the said municipality was the absolute owner.
2. The said land has an area of 666.60 sq. m. and was levied for the purpose of the payment of the land tax.
3. The mayor further stated that in the unlikely event of the denial of the said application made in accordance with
the Land Registration Act, the applicant invokes the benefits of Chapter 5 of Act. No. 926, since the said
corporation has been in possession of the land mention, which is entirely surrounded by a fence, and has been
cultivating it for a great many years.
4. On March 18, 1909, the Attorney-General, on behalf of the Director of Lands filed an opposition and alleged that
the land in question belonged to the United States and was under the control of the Government of the Philippine
Islands.
5. The trial court ruled in favor of the Municipality of Catbalogan, awarding the land to the applicant and be
registered in its name.
6. The Attorney-General filed an appeal but was denied. They now brought this case to the Supreme Court.
PETITIONERS CONTENTION:
1. The property described was appraised at the last assessment levied for the purpose of payment of the land tax, and
that there is no encumbrance on it; that no one other than petitioner, to its best knowledge and belief, has any right
or interest therein
2. The said land was acquired by possession and material occupation for a large number of years and is at present
occupied by applicant.
RESPONDENTS CONTENTION:
1. The land in question belonged to the United States and was under the control of the government of the Philippine
Islands.
2. Should the property be declared to belong to the Insular Government, the same be awarded to it, together with the
issuance of the proper certificate of registration.

ISSUE(S):
1. Whether the lot occupied by the court-house of the municipality of Catbalogan, of the Islands and
Province of Samar, belongs to the said municipality or is state land under the control of the Insular
Government?
HELD:
1. It belongs to the MUNICIPALITY OF CATBALOGAN. By right under the Law of the Indies and Municipal
Code.
RATIO:
1. Before reaching the ratio of the case, the ponente discussed first the historical basis of the law governing
municipalities.
HISTORICAL BASIS:
a. During the beginning of the Spanish occupation, the policy was to seek out a group of inhabitants and
establish pueblos, and later barrios.
b. The administrative authority of a province, represented by the Governor-General, had the authority to
designate the territory of new pueblos.
c. The Spanish officials tasked to colonize the Philippines observed the Laws of the Indies in forming new
towns:
i. Law 6, Title 5, Book 4 provides: Within the boundaries of a town, there must be at least 30
residents, and each resident must have a house.
ii. :aw 7, Title 5, Book 4 provides: whoever wishes to establish a new town of only 10-30 residents
shall be granted the time and territory necessary for the purpose and under the same conditions.
iii. Law 7, Title 7, Book 4 provides: manner of allotment of territory by the provincial government:
iv. Law 8, Title 7, Book 4: casas reales (municipal buildings), the cabildo, the concejo, customs
buildings, and the like shall be constructed between the main square and the church.
v. Law 14, Title 7, Book 4: viceroys have the authority to designate common lands, pastures, and
public lands for those pueblos which have non (but they cannot designate areas meant for
churches or courthouses because that authority lies with the provincial government)
vi. Law 1, Title 13, Book 4 provides: viceroys have the authority to designate to each villa and lugar
additional lands and lots which they may need, but the territory must not be detrimental to a third
party and they must send statements of the designations of the government.
d. The municipality of Catbalogan is the provincial seat of Samar and it is possibly the oldest pueblo in the
province.
e. The inhabitants of a pueblo, being required to build decent and habitable municipal buildings by paragraph
92 of the royal ordinances of February 26, 1768, may be assumed to have built it on their own ground after
the provincial government had designated territory for it according to the Law of the Indies.
f. The land designated for the church and the land designated for the court house is considered property of
the municipality because no pueblo can exist administratively without having a church and a courthouse
which represents the seat of its local authority and municipal government. Thus in this case, the parcel of
land in question is patrimonial property of Catbalogan.
2. The said municipality today is in possession fo the land in litigation, as the owner thereof, under the protection of
the civil and administrative laws which guarantee the right of ownership of the corporations that are capable of
contracting, acquiring, and possessing real and personal property.
3. CIVIL LAW BASIS:
a. Under the Art. 343 of the Civil Code, property of provinces or towns are divided into property for public
use and patrimonial property.
b. Art. 344, property for public use in provinces and towns comprises provincial roads, squares, streets,
fountains, public waters, promenades, and public works of general services supported by said towns or
provinces. All other properties are patrimonial.
4. Sec. 2 of the Municipal Code states, (a) Pueblos incorporated under this Act shall be designated as
municipalities (municipios), and shall be known respectively by the names heretofore adopted. Under such
names they may sue and be sued, contract and be contracted with, acquire and hold real and personal property
for the general interest of the municipality, and exercise all the powers hereinafter conferred upon them.
(b) All property and property rights vested in any pueblo under its former organization shall continue to be
vested in the same municipality after its incorporation under this Act.
5. By this last-cited administrative Act the rights of the old municipalities to acquire real and personal property, in
accordance with their former organization, are recognized, and it is declared that the said property and rights shall
continue to pertain to the municipalities created in harmony with the provisions of the Municipal Code, on account
of such property being the patrimonial property of the municipalities.
6. Under these principles, perfectly in accord with both the old and the mother legislation of this country, the
municipality of Catbalogan ought to be considered as the owner of the land in question, on account of the same
having been awarded to it as its own, under its exclusive ownership, on the founding of the pueblo, for the erection
of the courthouse, the record of the case showing no proof nor data to the contrary. As the plaintiff municipality,
the applicant, has been occupying the property on which its court-house is situated during such a long space of
time, much longer than that required for extraordinary prescription (art. 1959 of the Civil Code), it can not be
denied that the presumption exists, in its favor, that it has been holding the land in its character of owner, since the
trial record exhibits no proof that any other parcel of land, distinct from that in controversy, was awarded to the
said municipality for the erection thereon of its court-house, a court-house and the land on which to build it being
necessary and indispensable for the existence of the pueblo.
DISPOSITIVE PORTION:
For the foregoing reasons, and considering that the municipality of Catbalogan is the owner of the land occupied by its
court-house and that it is entitled to have the said property registered in its name in the Court of Land Registration, it is
proper, in our opinion, to affirm and we hereby affirm the judgment appealed from in its present form.
CASE LAW/ DOCTRINE: (I believe this case if for the appreciation of how our local government code was formed
during the Spanish occupation.) Municipalities are the nucleus of inhabitants and require land for the construction of its
various buildings. Such a courthouse is considered the patrimonial property of the municipality and cannot be taken away
by the National Government.
DISSENTING/CONCURRING OPINION(S):