Jones v Insular Government

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Ancheta, Easterline Grace M. G.R. No. L-2506 April 16, 1906 F. SE!AR SE!AR "#NES v $E %NS&LAR G#'ERNMEN

Facts: F. Stewart Jones presented a petition to the Court of Land Registration asking that he be inscribed as the owner of a certain tract of land situatd in the Province of Benguet and within the reservation defined in !ct "o. #$#. %he Solicitor&'eneral Solicitor&'eneral appeared in the court below and opposed the inscription upon the ground that the propert( was  public land. !t the trial trial he ob)ected to to an( consideration of of the case on the ground ground that the court had no )urisdiction to register register land situated situated in that reservatio reservation. n. %he ob)ection ob)ectionss were overruled overruled and )udg*ent )udg*ent entered entered in favor of the  petitioner  petitioner fro* which which )udg*ent the 'overn*ent 'overn*ent appealed appealed to this court. court. %he act creating the Court of Land Registration +"o. ,-# gave it )urisdiction throughout the !rchipelago. B( !ct "o. /00, /00, which which was approv approved ed !ugus !ugustt $/ /-1, /-1, and which which applie applied d to pendin pending g cases cases the court court was depriv deprived ed of   )urisdiction over lands lands situated in the Province Province of Benguet. %hat %hat act however however contained a proviso b( which which the court was given )urisdiction over applications for registration of title to land in all cases co*ing within the provisions of  !ct "o. #,2. 3t is therefore re4uested that the land *entioned be forthwith brought under the operation of the Land Registration !ct and beco*e registered land in the *eaning thereof and that (ou proceed in accordance with the  provisions of !ct "o. #,2. %he court of Land Registration Registration acting upon this notice fro* the 'overnor issued the notice re4uired b( !ct "o. #05 and in pursuance of that notice Jones the appellee within the si6 *onths referred to in the notice presented his petition asking that the land be registered in his na*e. First clai* of the 'overn*ent is that the provisions of !ct "o. #,2 were not co*plied with in the respect that this letter of the 'overnor did not a*ount to a certificate that the lands had been reserved. !ct "o. #,2 conferred power upon the 'overnor to reserve lands for public purposes but it did not *ake that power e6clusive. %he Co**ission did not thereb( deprive itself of the power to itself *ake reservations in the future if it saw fit7 neither did it intend to annul an( reservations which it had for*erl( *ade. %he contention of the 'overn*ent is true when applied to a case where the land has not been reserved b( the Co**ission. 3n such a case it would be the dut( of the 'overnor to first reserve it b( an e6ecutive order and then to give notice to the Court of  Land Registration but where the land had alread( been reserved b( co*petent authorit( it not onl( was not necessar( for the 'overnor to issue an( e6ecutive order reserving the land but he had no power to do so. 3n such cases the onl( dut( i*posed upon hi* was to give notice to the Court of Land Registration that the land had been reserved. %his notice was given in the letter above 4uoted. %he court had )urisdiction to tr( the case. Petitioner Jones bought the land in 4uestion fro* Sioco Cari8o an 3gorot. 9e caused his deed to the land to  be recorded in the office of the registrar of propert(. Prior thereto and while Sioco Cari8o was in possession of the land he co**enced proceedings in court for the purpose of obtaining a possessor( infor*ation in accordance with the provisions of the ortgage Law. %his possessor( infor*ation he caused to be recorded in the office of the registrar of propert(. propert(. %he evidence of Sioco Carino shows that what he did in the wa( of presenting a petition to the Spanish 'overn*ent in regard to a deed of the land was done b( order of the then comandante and was li*ited to securing a *easure*ent thereof as he then believed. %hese acts did not interrupt the running of the statute of  li*itations. 3ssue: ;hether or not the provision is void that the act thereb( disposes of public lands that Congress is the onl( authorit( authorit( that can take such action and that it has never authori
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