Rodriguez v. Lands

CARSON, J.:

On November 29, 1912, Vicente Rodriguez filed an application in the Court of Land Registration for the adjudication of title and the registration in his name of 248 hectares 71 ares and 6 centares of land situated in the municipality of Sariaya, Province of Tayabas. The application was opposed by the Director of Lands and a number of homesteaders who claim that the land is a part of the public lands and is in their possession under homestead grants issued to them in accordance with law. The lower court denied the application for registration upon the ground that the evidence is too uncertain as to the area and boundaries of the land to which the applicant holds title to justify the registration of the land described in his application.

The applicant offered in support of his claim of title eleven documents; eight of these documents are composition titles, as follows: Exhibit C. - A composition title issued on May 8, 1895, by the Spanish Government in favor of Da. Cayetana Alcala y Rodriguez (mother of the applicant) for 19 hectares 32 ares and 98 centares of land, situated in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas. Exhibit D. - A composition title issued in favor of Vicente Rodriguez y Alcala (the applicant herein), on May 8, 1895, for 19 hectares and 98 centares of land in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas.

Exhibit E. - A composition title issued on May 8, 1895, in favor of Luisa Rodriguez (sister of the applicant) for 19 hectares 32 ares and 98 centares in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas. Exhibit F. - A composition title for three parcels in favor of Emigdio Rodriguez y Reynoso (father of the applicant), issued on May 8, 1895: No. 1. 3 hectares 00 ares 52 centares.

No. 2. 19 hectares 32 ares 98 centares. No. 3.

19 hectares 32 ares 98 centares. All three parcels situated in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas. Exhibit G. - A composition title issued on May 8, 1895, in favor of Da.

Hermogena Alcala y Rodriguez, for 19 hectares 32 ares and 98 centares of land in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas. Exhibit H. - A composition title issued on May 8, 1895, in favor of Da. Trinidad Alcala y Rodriguez for 19 hectares 32 ares and 98 centares of land in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas.

Exhibit I. - a composition title issued on May 8, 1895, in favor of Da. Teresa Alcala y Rodriguez for 19 hectares 32 ares and 98 centares of land in the barrio of Mangalang, pueblo of Sariaya, Province of Tayabas. The applicant testified that the land embraced in the above composition titles, with the exception of parcel No. 1, Exhibit F, is the land for which he is seeking a registered title.

In addition to the composition titles the following documents were submitted in support of applicant's claim of title: Exhibit J. - a public document executed on September 5, 1913, by Cayetana Alcala, the mother of Vicente Rodriguez, which purports to be an intervivos gift in favor of Vicente Rodriguez of the land embraced in the composition title issued in favor of Da. Cayetana Alcada on May 8, 1895. (exhibit C.) .

It was observed that this document is dated nearly a year subsequently to the filing of the applicant herein. The applicant was filed in the Court of Land registration on November 29, 1912. Exhibit K. - A deed of sale dated February 10, 1912, of the land embraced in Exhibit H, executed by Trinidad Alcala in favor of Vicente Rodriguez.

Exhibit L. - A deed of sale dated January 23, 1912, executed by Teresa Alcala in favor of Vicente Rodriquez for the land embraced ion exhibit I. Exhibit LL. - A deed sale executed by Lorenzo Luna, Hilario Luna, and Hilarion Valderas in favor of Vicente Rodriguez for the land embraced in Exhibit G. this deed is dated February 10, 1912. It will be observed that the composition title evidenced by Exhibit G was issued in favor of Hermogena Alcala y Rodriquez.

The reord does not show how the title to this land passed to Lorenzo Luna, Hilario Luna, and Hilarion Valderas. It may be that these parties had come into the ownership of the land by inheritance, but what the real fact was is not satisfactorily disclosed by the record. It may be well to note, in passing, that counsel for the appellant have fallen into serious error in making their computation of the total are of the tracts of land referred to in these documents.

In addition to the areas given in the seven composition grants Exhibits C to I they included also, as separate tracts, the land embraced in the documents J, K, L, and LL, thus estimating the total area shown by the exhibits at 234 hectares 92 ares and 74 centares. It is very clear, however, that the documents J, K, L, and LL refer to the land embraced in the Exhibit C, H, I, and G, and that counsel, in estimating the total area of the land described in the exhibits, counted these parcels twice. The area of the various tract mentioned in the composition grants (Exhibit C to I), excluding the small parcel in Exhibit F which Rodriquez says is not included in the applicant, is as follows: Hectares.

Ares. Centares. Exhibit C 19 32 98 Exhibit D 19 32 98 Exhibit E 19 32 98 Exhibit F (3 parcels): No. 1 (a) (a) (a) No. 2 19 32 98 No. 3 19 32 98 Exhibit G 19 32 98 Exhibit H 19 32 98 Exhibit I 19 32 98 Total