THE GOVERNMENT OF THE PHILIPPINE ISLANDS, PETITIONER AND APPELLANT, VS. ISIDORO ABAJA ET AL., CLAIMANTS AND APPELLEES.

This is an appeal taken by the Government of the Philippine
Islands from the judgment of the Court of First Instance of Occidental Negros in
cadastral proceeding G. L. R. O. Record No. 174, adjudicating lots Nos. 804, 909
and 910 of cadastral division of Ilog, with their improvements, to the estate of
Rafael O. Ramos, and ordering that upon the judgment becoming final the proper
titles issue.

In support of its appeal appellant assigns the following
alleged errors as committed by the trial court in its judgment, to wit:

“1. The lower court erred in not holding that the heirs of
Rafael O. Ramos are only entitled to the registration of 283 hectares, 34 ares,
and 79 centares,

“2. The lower court erred in not following the actual seashore
line of the Panay Sea, and the Bagacay and Ilog Rivers, on the north, east, and
west, respectively as the natural and permanent boundaries of the land sought to
be registered herein.

“3. The lower court erred in not holding that the difference of
490 hectares, 13 ares and 4 centares between the total area of the lots in
dispute and that appearing in the title Exhibit A was gained from the sea and
therefore belonged to the State.

“4. The lower court erred in adjudicating the decree and
registration of the lots in question to the heirs of Rafael O. Ramos, and in
denying the Government’s motion for a new trial.”

The following facts were proved at the trial:

On October 24, 1881, Carlos Gemora acquired by composition with
the State the ownership of a parcel of public land situated in the sitio of
Bagacay, within the jurisdiction of the town of Ilog, of the Province of Negros
Island, now Occidental Negros, with an area of 283 hectares, 34 ares and 79
centares, equivalent to 282 cavanes, 5 gantas and 1 chupa of seed rice, the
boundaries of which are: On the north, the shore; on the east, Bagacay River and
lands cultivated by Mariano Mayan; on the south, lands tilled by Raymundo
Sibacao, Mauricio Carian, Braulia Beroza, Juan Mayan, Ana Carian, Ynes Tiboasa,
Juan Lirasan, Ana Carian, Felipe Bravo, Francisco Campillanos, Saturnino Carian,
Miguel Carian, Juliana Barumban, Proso Sibacao, Doroteo Tibos, Leocadio Toro,
Leon Unayan, Doroteo Tibos, and Florentino Tibo; and on the west, the Great
River of Ilog (Exhibit A). Attached to said composition title with the State was
a plan of said land drawn up by an expert surveyor, from which it appears that
the land is covered with mangrove trees (Exhibit H). Carlos Gemora mortgaged
said land to Manuel Sembrano Jochinguan who, in view of the fact that the former
was not able to release the land from said mortgage, foreclosed it; and it was
sold at public auction to Maximiano Espinosa in his capacity as administrator of
the Estate of the deceased Manuel Sembrano Jochinguan. Delfin Sembrano, who
succeeded his father Manuel Sembrano Jochinguan, being his only son and
universal heir, sold said land to Rafael O. Ramos, now deceased. Even during
Carlos Gemora’s lifetime he possessed the said land and had 300 cocoanut trees
planted thereon. After his death his children succeeded him in the possession of
said land and were in the enjoyment of its products until it was sold at public
auction to Maximiano Espinosa in his aforementioned capacity. Maximiano Espinosa
managed said land in this capacity until it Was sold by Delfin Sembrano to
Rafael O. Ramos, who possessed the same, enjoying its fruits, among which were
included the contracts of cutting timber and firewood from the year 1906. In the
year 1916 Delfin Sembrano declared the land for the payment of the land tax, its
area being 272 hectares, 82 ares and 79 centares.

The Government of the Philippine Islands tried to prove that
the lots Nos. 804,909 and 910, in question are mangrove lands, and are covered
with trees of commercial value consisting of apiapi, bacauan and piagao; that
many persons cut timber and firewood on said lots, and that the latter are more
valuable as forest than as agricultural land. According to the cadastral survey
lots Nos. 804, 909 and 910 have an area of 773 hectares, 47 ares and 83
centares.

The only question to decide in the present appeal is whether
the land described in the composition title with the State, executed in favor of
Carlos Gemora, is identical with that described in the cadastral plan and
consisting of lots Nos. 804, 909 and 910.

The Government of the Philippine Islands contends that the land
described in the cadastral plan is over 500 hectares greater in area than that
described in the composition title and in the plan attached thereto, the land in
excess having been formed by accession due to the movement of the waters of
Panay bay or gulf, and that, therefore, it belongs to the State. However, there
exists no conclusive evidence that such natural marine phenomenon has taken
place. According to the said plan Exhibit H, attached to the composition title
with the State, the land referred to therein is mangrove land. The same natural
boundaries that existed at that time the title was executed still exist and are
the same as those that appear in the plan Exhibit H and in the cadastral survey.
If there has not been any perceptible change in the lines of the shore of the
gulf or bay of Panay, caused by the recession of the waters of the sea,—there
being no sufficient evidence as to such change,—the land noted on said
composition title with the State must be the same land described in the
cadastral plan as consisting of lots Nos. 804, 909 and 910. This being the case,
the great difference between the two measurements must be due to either an error
in calculation or to some fraud in the drawing of the plan Exhibit H whereby it
was made to include a greater portion of land than that granted by composition
through the marking out of the natural boundaries. The fact that the Royal
Decree of August 20, 1880, required that the sketch show the exact area and
boundaries of the lands acquired by purchase or composition is no guarantee
against any fraud or error that might be committed in drawing the proper plans,
because, considering the deficiency in the procedures adopted during the Spanish
Government, and the inexperience of the surveyors, many cases have been found in
which great errors in calculation with respect to the area were committed, thus
making the area of the lands vary greatly.

Moreover, Delfin Sembrano,
sole and universal heir of Manuel Sembrano Jochinguan, in whose favor said land
was mortgaged by its original owner Carlos Gemora and adjudicated at public
auction by virtue of the execution, declared said land to have 772 hectares, 82
ares and 79 centares for the purposes of the land tax, which gives us to
understand that from the beginning the successive owners of the land here in
question considered it to include a far greater area than that which the title
indicated and indicates.

In conclusion, and taking into consideration the repeated
doctrines laid down by this court that when the boundaries are certain and no
alteration thereof has been proven, the area included within such boundaries
shall prevail over that which the title shows.

In view of the foregoing, and not finding any error in the
judgment appealed from, the same is affirmed in all its parts, without special
pronouncement as to costs. So ordered.

Avanceña, C. J., Johnson, Street, Malcolm, Villamor, Ostrand,
and Romualdez, JJ., concur.