[NATRES] Cases Pt.8.docx - A THE LAW ON NATURAL RESOURCES PART TWO PUBLIC LANDS IX ACT NO 2259 CADASTRAL ACT VS ORDINARY LAND REGISTRATION PROCEEDINGS

[NATRES] Cases Pt.8.docx - A THE LAW ON NATURAL RESOURCES...

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A. THE LAW ON NATURAL RESOURCES PART TWO: PUBLIC LANDS IX. ACT. NO. 2259/ CADASTRAL ACT VS. ORDINARY LAND REGISTRATION PROCEEDINGS VOL. 29, SEPTEMBER 30, 1969 517 Republic vs. Marcos No. L-29675. September 30, 1969. REPUBLIC OF THE PHILIPPINES, THE SUPERINTENDENT OF THE PHILIPPINE MILITARY ACADEMY, petitioners, vs. HON. PIO R. MARCOS, JUDGE, Court of First Instance of Baguio City, KOSEN PIRASO, SAMAY PIRASO, CoTILENG PlRASO, PETER PARAN and MARTINA PlRASO, DAISY PACNOS, SPOUSES ALBINO REYES and ISABEL SANTA MARIA, and ARTURO TONGSON, respondents. Land titles; Registration; Republic Act 931; Reopening of proceedings of registration does not apply to land not the object of cadastral proceeding. —Under Republic Act 931, only persons "claiming title to parcels of land that have been the object of cadastral proceedings" are granted the right to petition for a reopening thereof if the other conditions named therein are successfully met. Therefore, if the parcels of land were not the object of cadastral proceedings, then this statute finds no application. Same; Same; Same; Does not apply to parcels of Iand already alienated, reserved, leased or disposed of by Government. —The power of the court to order the reopening of proceedings under Republic Act 931 is limited "to such of said parcels of land as have not been alienated, reserved, leased, granted, or otherwise provisionally or permanently disposed of by the Government. ORIGINAL PETITION in the Supreme Court. Certiorari and prohibition with preliminary injunction. The facts are stated in the opinion of the Court. Solicitor General Felix V. Makasiar, Assistant Solicitor General Frine' C. Zaballero, Solicitor Rosalio A. De Leon and Major Santiago O. Tomelden (Staff Judge Advocate, PMA) for petitioner. Crisologo Law Office for respondent Arturo Tongson. Raul L. Correa and Francisco Ventura for respondents spouses Albino Reyes and Isabel Santamaria. Luis R. Gaduang for respondents Kosen Piraso, et al. FERNANDO, J.: It is by statute provided that all persons "claiming title to parcels of land that have been the object of cadastral proceedings" in actual possession of the same at the time 518 518 SUPREME COURT REPORTS ANNOTATED Republic vs. Marcos of the survey but unable for some justifiable reason to file their claim in the proper court during the time limit established by law, "in case such parcels of land on account of their failure to file such claims, have been, or are about to be declared land of the public domain by virtue of judicial proceedings" Instituted within the fortyyear period next preceding June 20, 1953, the time of the approval of this particular enactment, are granted "the right within five years" from said date to petition for a reopening of the judicial proceedings but "only with respect to such of said parcels of land as have not been alien-ated, reserved, leased, granted, or otherwise provisionally or permanently disposed of by the Government, x x x." 1 The jurisdiction of respondent Judge Pio R, Marcos to act in accordance with Republic Act No. 931 in
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