E-Library - Information At Your Fingertips: Printer Friendly 12 of 18 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65663 (with considerable areas) inside the Baguio Townsite Reservation. Alternatively, they allege that in case the lots are not registerable under Act No. 496, then section 48 (b) and (c) of the Public Land Law should be applied because they and their predecessors have been in possession of the lots for more than thirty years. The Director of Lands opposed the applications. He filed motions to dismiss on the grounds of lack of jurisdiction, prescription and res judicata. He relied on the decision in the first registration case, a proceeding in rem, which barred all subsequent registrations of the Baguio Townsite lots. He contended that the disposition of said lots should be made by the Director of Lands under Chapter 11 of the Public Land Law regarding Townsite Reservations. (See Cojuangco vs. Marcos, 82 SCRA 156). The trial judge admits that section 48 cannot be invoked by the applicants because it applies only to disposable agricultural lands situated outside the reservation. He concedes that lands within the Baguio Townsite Reservation may not be acquired by long possession for over thirty years subsequent to Case No. 211 (p. 195, Rollo). But he refused to dismiss the application[s] because in his opinion "there is a necessity [for] the presentation of satisfactory evidence in a regular hearing as to the presence or absence of complete service of notice" so that the court can determine whether the applications are barred by res judicata. He relies on the isolated case of Zarate vs. Director of Lands, 58 Phil. 156. The Solicitor General assailed by certiorari that order denying the motions to dismiss. Sections 3 and 4 of Act No. 627, the law governing military reservations, contemplate notification to two classes of persons, namely, (1) those who are living upon or in visible possession of any part of the military reservation and (2) persons who are not living upon or in visible possession but are absentees. A distinction is made between these two classes of persons as to the manner in which service of the notice shall be made. Service is complete as to absentees when publication of the notice in the newspaper is completed and duly fixed upon the four corners of the premises. The sixmonth period commences to run from that time. On the other hand, as to those who are living upon or in visible possession of the lands, service is not complete, and the six-month period does not begin to run until the notice is served upon them personally. Their rights relative to the period within which they must respond are 4/23/2020, 8:53 AM

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