LOCGOV – 003Municipality of Catbalogan v Director of Lands (1910)

Land that is absolutely required by a municipality for its formation, such as a lot meant for the construction of a courthouse, is considered patrimonial property of the municipality and not of the national government.

Facts:1. The municipal president of Catbalogan, Samar applied to register a parcel of land with the Court of Land

Registration. The parcel was 666.60 square meters. The Catbalogan courthouse was built on the land.2. The Director of Lands opposed the registration because the land was property of the United States and

not property of Catbalogan.3. The lower court ruled in favor of Catbalogan. The Director of Lands, represented by the Attorney-General,

appealed to the Supreme Court.

Petitioner’s (Municipality of Catbalogan) arguments:1. The parcel of land was acquired through possession and material occupation for several years2. The parcel was being occupied by Catbalogan as a duly organized municipal corporation.3. The parcel should be its property by virtue of Chapter 6 of Act 926, since it

a. Possessed the landb. Enclosed it with a fencec. Cultivated it for many years (around 40 to 45 years)d. Constructed a courthouse, an important municipal building, on it

Respondent’s (Director of Lands) arguments: 1. The land was not municipal property; it was property of the Insular Government. (i.e. the land was State

property)2. The evidence that Catbalogan presented was insufficient and did not satisfy its claims.

Issue/s:To whom does the parcel of land belong to, the municipality of Catbalogan or the Insular Government? Municipality of Catbalogan Held/Ratio:

The parcel of land belongs to Catbalogan because it is part of its patrimonial property.

Historical Basis1. During the beginning of the Spanish occupation, the policy was to seek out a “nucleus of inhabitants” and

establish pueblos, and later barrios, with the “nucleus of inhabitants” at the center.2. The administrative authority of a province, representing the Governor-general, had the authority to

designate the territory of new pueblos.3. The Spanish officials tasked to colonize the Philippines observed the Laws of the Indies in layouting new

towns:

a. Law 6, Title 5, Book 4: within the boundaries of a town, there must be at least 30 residents, and each resident must have a house

b. Law 7, Title 5, Book 4: 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

c. Law 7, Title 7, book 4: manner of allotment of territory by the provincial governmenti. Allotment of territory for the entire pueblo itself

ii. Allotment of territory for public lands, pastures, common areas within the puebloiii. The remaining area will be divided into 4 parts, 1 for the principal financier of the

pueblo, and 3 for the rest of the settlersd. 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 churche. Law 14, Title 7, Book 4: viceroys have the authority to designate common lands, pastures, and

public lands for those pueblos which have none (BUT THEY CANNOT DESIGNATE AREAS MEANT FOR CHURCHES OR COURTHOUSES BECAUSE THAT AUTHORITY ONLY LIES WITH THE PROVINCIAL GOVERNMENT)

f. Law 1, Title 13, Book 4: 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 to the government

4. The municipality of Catbalogan is the provincial seat of Samar. It is possibly the first and oldest pueblo in the province.

5. 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 Laws of the Indies.

6. The land designated for a church and the land designated for a courthouse 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. The area meant for a church or a courthouse is granted by the provincial government, following the Laws of the Indies. Thus in this case, the parcel of land in question is patrimonial property of Catbalogan.

7. The courthouse and the church of a pueblo were always built on opposite sides of the plaza mayor (the main square). The plaza mayor was always within the inhabited area of the pueblo while the common areas or pastures were not. In this case, the parcel of land in question is well within the plaza mayor of Catbalogan and cannot be considered a common area or a pasture. The parcel of land is part of the municipal assets of Catbalogan. It is patrimonial property.

Civil Law Basis1. That Catbalogan has possession and ownership of the parcel further weakens the Director of Lands’

position.2. According to pertinent laws, a municipal corporation such as Catbalogan may validly own land:

a. Article 343, Civil Code: property of provinces or towns is divided into property for public use and patrimonial property

b. Article 344, Civil Code: property for public use in provinces and towns comprises provincial and town roads, squares, streets, fountains, public waters, promenades, and public works of general sercives supported by said towns or provinces. All other property is patrimonial

c. Section 2 of the Municipal Code:

“(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.”

3. Thus, based on these laws, municipalities like Catbalogan have the right to acquire real and personal property.

4. Catbalogan should be considered the owner of the parcel because a. upon its founding, it was given the land by the provincial government. It acquired exclusive

ownership of the parcel for the purposes of erecting a courthouse. The records of the case show no contrary proof.

b. It had been occupying the property far longer than the period required for extraordinary prescription based on article 1959 of the Civil Code (occupation period: 40-45 years)

c. The presumption that it had been holding the land as an owner had not been rebutted

Other Opinions of the Court1. Catbalogan is the owner regardless of the fact that a document representing the record of the concession

and award of the parcel was not presented becausea. As a very old municipality, it has undergone many changes in staffb. While the original capitan pedaneo may have held the document, it would not be a surprise if

through the course of his many successors, the document may have been lostc. It would actually be more of a surprise if the document still existed

2. Despite the lack of the document, Catbalogan’s peaceful occupation of the parcel is more than enough to represent its title.

3. Inapplicable laws and jurisprudence:a. Law 8, Title 3, Book 6 and Article 53 of the ordinances of good governmentb. Royal decrees of February 28, 1883, August 1, 1883, and January 17, 1885c. Doctrine of City of Manila v Insular Government: the parcel in this case is a building lot absolutely

required by Catbalogan at the beginning of its organization; that case involved a common aread. Doctrine of Aguado v City of Manila: Catbalogan, in the exercise of the right of ownership over its

own property, has a legally recognized independent personality of its own and is not a mere deligate of the central authority

Digested by: Diane Agustin