Montano vs. Insular Government

G.R. No. L-3714

January 26, 1909

ISABELO MONTANO  MAR!IAL, petitioner-appellee, petitioner-appellee, vs. T"E INS#LAR GO$ERNMENT, ET AL., respondents. AL.,  respondents. T"E INS#LAR GO$ERNMENT, appellant. GO$ERNMENT, appellant... TRA!E, J.: %A!TS& Isabelo Montano presents a petition to the Court of Land Registration for the inscription of a piece of land in the barrio of Libis, municipality of Caloocan, used as a fishery. This petition as opposed by the !olicitor-"eneral in behalf of the #irector #irector of Lands, and by the entity $non as Obras Pias de la Sagrada Mitra, Mitra, the former on the ground that the land in %uestion belonged to the "overnment of the &nited !tates, and the latter, that it as as the absolut absolute e oner oner of all the dry land land along along the easter eastern n boundary of the said fishery. The Court of Land Registration in its decision dismissed the said oppositions in favor of Isabelo Montano y Marcial. 'rom this decision only counsel for the #irector of (ublic Lands appealed to this court. I''u(& The issue as, hether or not )government land* has the same meaning as )public land*. "()*& +egative

In order to avoid misapprehension it as pointed out the phrase public lands is held to be e%uivalent to public domain, and does not by any means include all lands of "overnment onership, but only only so much much of said said land lands s as are are thro thron n open open to priv privat ate e appropriation and settlement by homestead and other li$e general las.  ccordingly,  ccordingly, government land and public domain are not synonymous items the first includes not only the second, but also other lands of the "overnment already reserved or devoted to public use or sub/ect to private right. In other ords, the "overnment ons real estate hich is part of the public lands and other real estate hich is not part thereof. It as the ob/ect of Congress not to or$ such a result but, on the contrary, in furtherance of the purposes of the treaty of (aris, to recogni0e and safeguard such property. Therefore, the /udgment of  the Court of Land Registration is affirmed, ithout costs.  111111111111111111111111111111  111111111111111111111111111111111111111111111 1111111111111111111111111  1111111111   111111  "overnment property as of to $inds 2 first, that of public use or  service, said to be of public onership, and second, that of having a private character or use. 3Civil Code, arts. 445 and 467.8 Lands of  the first class, hile they retain their public character are inalienable. Those of the second are not. Therefore, there is much real property belonging to the "overnment hich is not affected by statutes for the settlement, prescription prescription or sale of public lands. 9amples in point are properties occupied by public buildings or devoted to municipal or  other governmental uses.   marshland hich is inundated by the rise of tides belong to the !tate and is not susceptible to appropriation by occupation, has no application in the present case inasmuch as in said case the land sub/ect matter of the litigation as not yet titled