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    03 Municipality of Catbalogan V Director of Lands

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    AizaLiza
    The municipality of Catbalogan brought a case to register a parcel of land containing the municipal courthouse as belonging to the municipality. The Director of Lands argued it belonged to the insular government. The court ruled in favor of the municipality, finding that Spanish law established that municipal courthouses be located on land belonging to the municipality. The municipality had continuously possessed the land and the courthouse since the Spanish period. The Civil Code and Municipal Code also supported the municipality's ownership of the land for public use.

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    03 Municipality of Catbalogan V Director of Lands

    Uploaded by

    AizaLiza
    47 views1 page
    The municipality of Catbalogan brought a case to register a parcel of land containing the municipal courthouse as belonging to the municipality. The Director of Lands argued it belonged to the insular government. The court ruled in favor of the municipality, finding that Spanish law established that municipal courthouses be located on land belonging to the municipality. The municipality had continuously possessed the land and the courthouse since the Spanish period. The Civil Code and Municipal Code also supported the municipality's ownership of the land for public use.

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    Municipality of Catbalogan v Director of Lands

    Original Title

    03 Municipality of Catbalogan v Director of Lands

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    The municipality of Catbalogan brought a case to register a parcel of land containing the municipal courthouse as belonging to the municipality. The Director of Lands argued it belonged to the insular government. The court ruled in favor of the municipality, finding that Spanish law established that municipal courthouses be located on land belonging to the municipality. The municipality had continuously possessed the land and the courthouse since the Spanish period. The Civil Code and Municipal Code also supported the municipality's ownership of the land for public use.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views1 page

    03 Municipality of Catbalogan V Director of Lands

    Uploaded by

    AizaLiza
    The municipality of Catbalogan brought a case to register a parcel of land containing the municipal courthouse as belonging to the municipality. The Director of Lands argued it belonged to the insular government. The court ruled in favor of the municipality, finding that Spanish law established that municipal courthouses be located on land belonging to the municipality. The municipality had continuously possessed the land and the courthouse since the Spanish period. The Civil Code and Municipal Code also supported the municipality's ownership of the land for public use.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    03 - Municipality of Catbalogan v Director of Lands

    Facts:
    Petitioner attempts to have a certain parcel of land where the
    municipal courthouse stands, be registered as property of the
    municipality.
    Respondent argues that the land belongs to the insular government.
    Asks for the application of the doctrine in City of Manila v Insular
    Government where the land was adjudicated in favor of the Insular
    Government.
    Issue:
    WON the property belongs to the municipality or the insular
    government?
    Held: The municipality of Catbalogan owns the land
    Ratio:
    The Recompilation of Laws under Law 7 Title 7 Book 4, as well as
    Law 8 and Law 14, allows for the formation of pueblos. Upon the
    formation of pueblos, the casa reales (court-house) will be established.
    The municipality of Catbalogan as the provincial seat of Samar, must
    have established its pueblo and its casa reales in accordance with the
    laws in the Recompilation.
    The court-house building was used and enjoyed quietly and peaceably
    and without any opposition until the present time.
    Adjudication of the lot to the municipality of Catbalogan as duly
    confirmed by the Spanish Government may be inferred from the fact of
    continuous possession.
    If, in accordance with the laws during the Spanish period, the casa
    reales must be established in the pueblo, it is only logical that the casa
    reales is established WITHIN the pueblo, i.e., within the property of
    Catbalogan. In fact, the casa reales were right at the town square, next
    to the church.
    At present, the municipality's ownership of the land in question is
    bolstered by:
    the Civil Code. Art. 343 states that the provinces and towns may
    have two types of property those for public use and those for
    patrimonial use.
    Act No. 82 (The Municipal Code) under Section 2 provides that
    municipalities may sue, enter contracts, and hold property.
    The fact that there is no document or title is not unusual because it
    was not common practice before to document and record everything.
    Re the City of Manila v Insular Government argument, the difference is
    that in that case, the property in question belonged to not to the
    municipality but was held in common. (i.e., not as important to the
    pueblo as a casa reales)

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