LIM AN, APPLICANT AND APPELLEE, VS. THE DIRECTOR OF LANDS ET AL., OPPOSITORS. THE DIRECTOR OP LANDS, APPELLANT.

This is an appeal taken by the Director of
Lands from the decision rendered by the Court of First Instance of
Masbate in favor of Lim An who had applied for the registration in his
name of a parcel of land divided into 11 lots, situated in the barrios
of Palahas and Nabangig, municipality of Dimas-Alang, Province of
Masbate. Several oppositions to the application were filed, among them
that of the Bureau of Forestry claiming a public forest situated within
the parcel of land applied for. The applicant acquiesced in this
opposition, whereupon a portion of land having an area of 308 hectares,
55 ares and 74 centiares was excluded from the western part of said
parcel, reducing the area of the parcel sought to be registered to 1328
hectares, 16 ares and 92 centiares.

Another opposition filed was that of the provincial fiscal of
Masbate, claiming the lot occupied by the public school in the barrio
of Nabangig and another lot in said barrio, belonging to the province,
with an area of one and onehalf hectares. The applicant likewise agreed
to exclude said two lots claimed by the municipality of Dimas-Alang and
by the Province of Masbate, respectively, from his application and plan.

Numerous oppositions by persons claiming to be the owners of the
respective portions of land occupied by them within the parcel of land
sought to be registered, have likewise been presented. The applicant
and these oppositors represented by attorneys Amancio Aguilar and Jose
L. Almario made a compromise whereby the former acquiesced in each and
every opposition filed by the private oppositors and each of the latter
bound themselves to pay to the applicant the sum of ten pesos (P10) for
each hectare of land involved in their respective oppositions, within
the period of ten years from the date of the issuance of their
respective titles, said parcels of land claimed by the oppositors in
question remaining, in the meantime, mortgaged to the applicant.

Among the oppositions filed were those of Lucas Ariscon, Alberto
Escalicas, Higino Cerillo, Mancio Atim, Cipriano Amancio, Monico
Placencia and Lucio Mancio, each of whom had filed a homestead
application for the portion of land occupied by him within the parcel
which is the subject matter of the application. These oppositions were
dismissed by the court upon petition of the applicant because the
oppositors alleged that the portions occupied by them were of the
public domain and the Attorney-General had filed another opposition
claiming that the entire parcel described in the application, including
the portions occupied by said homesteaders, is of the public domain.

After the case had been heard, a decision was rendered on June 28,
1934, dismissing the opposition of the Director of Lands and ordering
the adjudication of the entire remaining portion of the land to the
applicant and his wife Niu Ko, once the portions occupied by the
persons whose claims have been admitted by the applicant are separated
from the land applied for.

This appeal was filed by the Attorney-General from said decision.

The applicant has attempted to prove by means of his evidence that
the large tract of land which he seeks to register belongs to him,
having purchased it from Eutiquio Santa Cruz and Lim Enchong, who, in
turn, had likewise purchased it from Ubaldo Lim who inherited the land
in question from his father Vicente Medina Santos. The applicant
attempted to prove that the land described in the plan attached to his
application, Exhibit C, is the same land which Christian Chinese
Vicente Medina Santos had acquired from the Government by onerous
composition on August 25, 1885, Exhibit B, but there is no satisfactory
evidence relative to the identity of the land in question. The land
adjudicated to Vicente Medina Santos under said title, Exhibit B, has
an area of 78 hectares and 45 ares, while the land sought to be
registered, described in the amended plan Psu-42354, folio
20, third part, has an area of 1,328 hectares, 16 ares and 92
eentiares, excluding the forest claimed by the Bureau of Forestry,
which, as already stated, has an area of 308 hectares, 55 ares and 74
centiares. There is no evidence explaining the cause of such great
discrepancy between the area appearing in the title and that stated in
the plan.

On the other hand, taking into account the boundaries of the land
sought to be registered, neither is the identity thereof with that
described in Exhibit B established. According to said title, Exhibit B,
there was only one northern boundary which was a nipa swamp, while the
northern boundaries, according to the plan, are private lands of Julian
Altibagos, Sia Sayoc, Ciriaco Pelligera and Monico Placenar. On the
east, it is bounded by the Nabangig River, according to the title,
Exhibit B, and by the sea and the Nabangig Creek, according to the
plan; on the south, by a public forest, according to the title, and by
public lands, according to the plan, and on the west, by uncultivated
lands of the public domain, according to the title, and by the Palanas
Creek and a forest, according to the plan.

It is unnecessary to state that the evidence relative to the
identity of the land in this case is necessary not only for the
confirmation of the applicant’s title thereto but also for the validity
of the agreement entered into by him and the private oppositors who, as
prayed by them, would be entitled to the issuance to them of a title to
their respective portions. Inasmuch as the land in question has not
been identified with that described in the document, Exhibit B, by
means of other evidence, said document is of no value and efficacy as
evidence of title to said land. (Sison vs. Ramos, 13 Phil., 54; Belen vs. Belen, 13 Phil., 202; Villa Abrille vs. Banuelos, 20 Phil., 1; Roman Catholic Archbishop of Manila vs. Arnedo, 30 Phil., 593; and Licad and Vitug vs. Bacani, 51 Phil., 51.)

Wherefore, the appealed judgment is reversed, without prejudice to
the applicant’s renewing his application and the oppositors their
respective oppositions, with the costs to the applicant. So ordered.

Avancena, C, J., Villa-Real, Abad Santos, Imperial, Diaz, and Laurel, JJ., concur.